Ganesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34739 of 2019 Arising Out of PS. Case No.-339 Year-2018 Thana- KASBA District- Purnia ====================================================== 1.

GANESH YADAV Son of Kanhaiya Yadav Resident of Village - Rautara, P.S.- Rautora, District - Katihar 2.

Chandan Yadav Son of Kanhaiya Yadav Resident of Village - Rautara, P.S.- Rautora, District - Katihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-05-2019 Heard learned counsels for the petitioners and the State.

The petitioners are languishing in custody since 31.01.2019 and 01.02.2019, respectively in a case registered for the offences punishable under Sections 392 and 411 of the IPC. The prosecution case is that on 27.12.2018, the informant, being the employee of a petroleum dealership was going to deposit cash amount of Rs. 14,77,000/- in the bank, but in the way, money was robbed by some miscreants, leading to registration of FIR against unknown persons. The name of the petitioners sprang up on the confession of apprehended coaccused Guddu Yadav and consequently, the petitioners also

Patna High Court CR. MISC. No.34739 of 2019(2) dt.28-05-2019 2/3 confessed their guilt and from the house of petitioner no.1, cash amount of Rs. 1,10,000/- was recovered and from the house of petitioner no.2, cash amount of Rs. 1,50,000/- was recovered. It is submitted by learned counsel for the petitioners that only on the basis of suspicion, the petitioners have been roped in the present case. It is further submitted that neither the petitioners nor the recovered amount have been put on T.I. parade and the investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent. Learned APP submits that the name of the petitioners sprang up on the confession of apprehended co-accused and cash amount has also been recovered from the house of the petitioners.

Considering the fact that neither the petitioners nor the recovered amount have been put on T.I. parade, the investigation has already been concluded and the period under custody, coupled with the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of

Patna High Court CR. MISC. No.34739 of 2019(2) dt.28-05-2019 3/3 learned CJM, Purnea in connection with Kasba P.S. Case No. 339 of 2018.

(Dinesh Kumar Singh, J) Amrendra/- U T