Patna High CourtCR. MISC./36330/2020bail granted

Mukesh Yadav v. The State Of Bihar

2021-06-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36330 of 2020 Arising Out of PS. Case No.-75 Year-2013 Thana- GAMAHARIYA District- Madhepura ====================================================== MUKESH YADAV Son of Lalan Yadav Resident of Village - Bishanpura Aran, P.S. - Bihra, Dist.- Saharsa, PIN 852124. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Jha For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-06-2021 Heard both sides.

The petitioner apprehends his arrest in Gamhariya P.S. Case No.75 of 2013(G.R. No.995 of 2013) registered under Sections 379, 411 of the Indian Penal Code and under Section 136 of the Electricity Act.

The informant, Junior Electric Engineer, Supply Section, Singheshwar alleged that theft of electric wire was committed and coil of 25 KVA transformer was also stolen. The villagers caught hold one thief who was cutting electric wire and the thief was handed over to the police. The apprehended accused disclosed his name as Mukesh Yadav, son of Rajeshwar Yadav. He also disclosed the names of other accused Nayak Yadav and Mithilesh Yadav who fled away from the place of occurrence.

The learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.36330 of 2020(3) dt.23-06-2021 2/2 name of the petitioner transpires in the confessional statement of Mukesh Yadav, son of Rajeshwar Yadav. Mukesh Yadav disclosed that petitioner is one of his friends. The police after investigation submitted chargesheet on 05.07.2013 against Mukesh Yadav, S/o Rajeshwar Yadav and Md. Wajir @ Laddu. The investigation against the petitioner is still continuing. No further material is collected but the police is running after the petitioner. Petitioner has got no criminal antecedent.

Taking into consideration the facts aforesaid and the fact that name of the petitioner surfaced in the case on confessional statement of Mukesh Yadav, S/o Rajeshwar Yadav but no stolen article was recovered from the possession of the petitioner, let the petitioner, above named, in the event of his arrest or surrender within a period of four weeks be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st, Madhepura in connection with Gamhariya P.S. Case No.75 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.