Raj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53032 of 2017 Arising Out of PS.Case No. -352 Year- 2017 Thana -ARARIA District- ARRARIA ======================================================

1. Raj Kumar Yadav, S/o Sukhdeo Yadav, Resident of Village- Gaidabari, Police Station- Korha, District- Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-12-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Araria P.S. Case No. 352 of 2017 instituted for the offence under Section-379 of the Indian Penal Code.

It has been submitted that the petitioner is in custody since 17-06-2017.

In the written report, it is alleged that unknown person has taken away Rs.49,000/- from dicky of the motorcycle of the informant. The informant alleged that the petitioner was seen near the motorcycle and when the informant returned from the shop after purchasing medicine, he did not find the petitioner. The informant has suspicion against this petitioner as he has taken money and other articles from the dicky. The informant also alleged that this petitioner was later on, caught by the police while taking out money from dicky of motorcycle

Patna High Court Cr.Misc. No.53032 of 2017 (3) dt.20-12-2017 of another person.

Counsel for the petitioner has submitted that this petitioner has been remanded in this case after being arrested in another case lodged against him.

In the instant case, from the written report itself, it appears that mere suspicion has been raised against this petitioner. There is no recovery of any incriminating article from possession of the petitioners. In such circumstances, prayer for bail is allowed. The petitioner named above is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each in connection with Araria P.S. Case No. 352 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Araria with condition that both the bailors should be close relatives of the petitioner. (Sanjay Priya, J) A.K.V./- U T