Rohit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33773 of 2020 Arising Out of PS. Case No.-276 Year-2020 Thana- NARPATGANJ District- Araria ====================================================== Rohit Yadav, Son of Bali Yadav, Resident of Village-Naya Tola, Rautara, P.S. Rautara, District-Katihar.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shambhu Sharan Singh, Advocate.

For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-02-2021 Heard learned counsel for the petitioner and the learned A.P.P. appearing for the State.

The petitioner is accused in connection with Narpatganj P.S. Case No. 276 of 2020, registered under Sections 413 and 414/34 of the Indian Penal Code.

The accusation is that in course of checking of the vehicle at Palasi Chouck, two persons were seen on motorcycle. When the signal was given to stop the motorcycle then the person who was sitting on rear sit started to flee away, while he was chased but succeeded to flee away. The person, who was driving the motorcycle, caught hold disclosed his name as Rohit Yadav (petitioner) and also disclosed the name of his associate, Anup Yadav, who succeeded to flee away. On search, petitioner was found in possession of 100 notes in denomination of Rs.100/- and two mobile

Patna High Court CR. MISC. No.33773 of 2020(4) dt.19-02-2021 2/2 sets. In spite of repeated query, petitioner did not produce any papers regarding the ownership of the said motorcycle. Learned counsel for the petitioner submits that while the petitioner has not disclosed about the ownership of the motorcycle, which is said to be seized from possession of the petitioner but till today, in investigation, the police is not able to trace out the name of the ownership of the seized motorcycle. Further submission is that petitioner has no criminal antecedent and is in custody since 21.06.2020. It is further submitted that on investigation, the police has submitted the charge sheet against the petitioner.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, Bihar, in connection with Narpatganj P.S. Case No. 276 of 2020. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T