Shakti Yadav And ANR. v. The State Of Bihar

Patna High Court Cr.Misc. No.11819 of 2016 (3) dt.02-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11819 of 2016 Arising Out of PS.Case No. -46 Year- 2016 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Shakti Yadav Son of Son Pal Yadav

2. Akash Yadav Son of Karan Yadav Both are residents of Jurabganj, Gerdabari Bazar, P.S. Korda, District - Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uma Shankar Prasad Singh, Adv. Mr. Vijay Shankar, Adv.

For the Opposite Party/s : Mr. Mukesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-05-2016 Heard learned counsel for the petitioners and learned A.P.P. representing the State.

The petitioners seek bail in connection with Lakhisarai P.S. Case No. 46 of 2016 registered for the offences punishable under Sections 467, 468, 471 and 414 of the Indian Penal Code. Allegedly, the petitioners were apprehended during raid with black colour Apache motorcycle and from possession of Shakti Yadav driving license in the name of Ajay Yadav having photo of Shakti Yadav and owner book of the motorcycle having name of Ajay Yadav and insurance paper valid up to 28.09.2015 were recovered and no paper was produced for the vehicle. Submission is of false implication and that without any legal and tangible materials, petitioners are suffering in custody since 27.01.2016, having no criminal antecedent. All the witnesses

Patna High Court Cr.Misc. No.11819 of 2016 (3) dt.02-05-2016 are police officials, no one has come to claim the said motorcycle, there is no theft report regarding the said motorcycle and, as such, the petitioners deserve sympathetic consideration to which the learned A.P.P. opposes by submitting that from possession of the petitioner, Shakti Yadav forged documents were recovered. In the facts and circumstances stated above, the petitioners, above named, are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Lakhisarai in connection with Lakhisarai P.S. Case No. 46 of 2016 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T