Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39831 of 2020 Arising Out of PS. Case No.-253 Year-2020 Thana- SHEKHPURA District- Sheikhpura ====================================================== 1.

SANJAY YADAV S/o Nandu Yadav.

2.

Sawan Yadav S/o Tulsi Yadav both are Resident of Village-Naya Tola, Jurabganj, P.S.-Kodha (Korha), District-Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7, Adv.

For the Opposite Party/s :

Mr. H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-03-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners undertake to remove the defects within three weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners seek bail in a case registered for the offence punishable under Sections 401, 414, 379, 34 of the Indian Penal Code.

Prosecution case is that on secret information that two persons were standing near ATM for committing crime, informant reached there. After seeing the police, they wanted to flee away but they were apprehended with the help of guards. On search of petitioner no. 1 Rs. 850 and one black color mobile and T-shape Master key in his left packet were recovered and in

Patna High Court CR. MISC. No.39831 of 2020(3) dt.17-03-2021 2/3 right packet of petitioner no. 2 one black color mobile was recovered. Apprehended persons admitted that they were doing the work of snatching the money specially from ladies and old person who withdrew money from Banks and ATM and also stated that the alleged motorcycle is also stolen. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He submits that the seized motorcycle does not belong to the petitioners. He further submits that petitioners bear no criminal antecedent as stated in para-3 of the bail application and they are languishing in judicial custody since 25.06.2020.

From the perusal of the impugned order, it appears that the learned court below given liberty to the petitioner to renew his prayer for bail, if trial is not concluded within three months. Vide order dated 17.02.2021, report was called for from the learned court below. Report bearing letter No. 14 dated 26.02.2021 has been received in which it is stated that only charge has been framed against the petitioners and summons have been issued for evidence of prosecution side. Considering the facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.39831 of 2020(3) dt.17-03-2021 3/3 each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Sheikhpura P.S. Case No. 253 of 2020. devendra/- (Anjani Kumar Sharan, J) U T