Yogendra Musahar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12567 of 2018 Arising Out of PS. Case No.-678 Year-2017 Thana- BHABHUA District- Bhabhua (Kaimur) ======================================================

1. Yogendra Musahar, Son of Shri Sitaram Musahar @ Sitaram Musahar

2. Tapeshwar Paswan, Son of Baban Pasawan, Both residents of Village Chitaw, P.S. Dinara, District Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Singh For the Opposite Party/s :

Mr. SRI TARUN PRASAD MANDAL ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 05-03-2018 Heard learned counsel for the petitioners and the learned APP for the State.

Petitioners, already in custody, seek bail in connection with Bhabhua P.S. Case No.678 of 2017, registered under Sections 379/411 of the Indian Penal Code.

Allegation in brief is that the tractor of the informant was stolen by some unknown persons and one Ajay Musahar was apprehended on suspicion and on his disclosure the tractor was recovered from the campus of one Guddu Singh and Ajay Musahar also disclosed the complicity of others including the petitioners.

Learned counsel for the petitioners submits that except the disclosure of names of the petitioners in the confessional

Patna High Court Cr.Misc. No.12567 of 2018(2) dt.05-03-2018 2/2 statement of Ajay Musahar, there is no other material against the petitioners and both are in custody since 09.12.2017. However, only petitioner no.1 has criminal antecedent but there is no criminal antecedent of petitioner no.2.

Having considered the said facts and circumstances, petitioners, namely, Yogendra Musahar and Tapeshwar Paswan are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Bhabhua, District Kaimur in connection with Bhabhua P.S. Case No.678 of 2017, subject to the condition that the petitioners shall remain physically present on each and every date before the trial court and if they absent themselves on two consecutive dates without reasonable cause, their bail bonds shall liable to be cancelled. (Arun Kumar, J) S.KUMAR/- U T