Sunil Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37418 of 2023 Arising Out of PS. Case No.-45 Year-2023 Thana- SHEOHAR District- Sheohar ====================================================== 1.

Sunil Kumar Yadav Son Of Sri Shiv Kumar Yadav @ Chandu Yadav Resident Of Village - Naya Tola, Jurabganj, P.S. - Korha, District - Katihar 2.

Saurabh Kumar @ Saurabh Kumar Yadav Son Of Dipak Kumar Yadav @ Devanand Yadav Resident Of Village - Naya Tola, Jurabganj, P.S. - Korha, District - Katihar ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Amit Kumar Anand, Advocate For the Opposite Party/s :

Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-07-2023 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioners seek bail in connection with Sheohar P.S. Case No. 45 of 2023 registered for the offence under Section 414 of the Indian Penal Code.

The accused/petitioners are named in the F.I.R. and are in custody since 06.03.2023.

The allegation against the petitioners is to have in

Patna High Court CR. MISC. No.37418 of 2023(2) dt.03-07-2023 2/3 possession of one stolen motorcycle alongwith other co-accused persons.

Learned counsel appearing on behalf of the petitioners submitted that the petitioners implicated falsely with present case as they failed to produce the relevant documents before the police on demand during checking of the vehicles. It is submitted that as per FIR, the said motorcycle was purchased by petitioners and nothing surfaced during the course of investigation, which may suggest that petitioners were under knowledge that motorcycle in issue was stolen. While concluding the argument, it is submitted that investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above and by taking note of nature of accusation, coupled with the fact that charge-sheet has already submitted, where petitioners are in custody since 06.03.2023, accordingly, petitioners above named, are directed to be released on bail in connection with Sheohar P.S. Case No. 45 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two

Patna High Court CR. MISC. No.37418 of 2023(2) dt.03-07-2023 3/3 sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) veena/- U T