Pawan Kumar Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8535 of 2017 Arising Out of PS.Case No. -278 Year- 2016 Thana -KHAIRA District- JAMUI ======================================================

1. Pawan Kumar Yadav, son of Changay Yadav @ Chingai Yadav,

2. Rohan Kumar, Son of Late Mahesh Yadav, Both resident of VillageJorbaganj, P.S.- Korha, District- Katihar. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Prakash Mahto, Advocate. For the Opposite Party : Mr. Rana Randhir Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-03-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are languishing in custody since 28.10.2016 in connection with Khaira P.S. Case No. 278 of 2016 for the offences instituted under Section 379/34 of the IPC. The prosecution story, in brief, is that while the informant alongwith Bishun Yadav having cash of Rs. 25,000/- were taking tea at the shop, the petitioners came and took cash of Rs. 25,000/- after breaking the dickey of the informant's motorcycle.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 28.10.2016 and the charge sheet

Patna High Court Cr.Misc. No.8535 of 2017 (2) dt.16-03-2017 2/2 has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioners. They have got no criminal antecedent. They have falsely been implicated in the present case due to personal enmity. The allegations made in the FIR are denied by the petitioners. It is further submitted that the petitioners may be released on bail after completion of six months in custody from 28.10.2016. On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail after completion of six months in custody from 28.10.2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Jamui, in connection with Khaira P.S. Case No. 278 of 2016. U.K./- (Sudhir Singh, J) U T