Brahmdeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49180 of 2023 Arising Out of PS. Case No.-112 Year-2023 Thana- JAGDISHPUR District- Bhagalpur ====================================================== 1.

BRAHMDEO YADAV SON OF LATE NARAYAN YADAV RESIDENT OF VILLAGE- TARDIHA GONUDHAM, PS - JAGDISHPUR, DISTTBHAGALPUR 2.

RAUSHAN KUMAR SON OF BINOD YADAV RESIDENT OF VILLAGE- USHRI, PS- GOGRI, DISTT- KHAGARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Yadav For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 457 and 380 of the Indian Penal Code.

As per allegation in the FIR, from the house of the informant four unknown miscreants committed theft of licencee pistal and 70 nag live cartridges and ornaments, cash and documents from the almirah. It is further alleged that theft articles were recovered from the house of Fantus Tanti. Accused Roushan Kumar disclosed the name of the petitioner no. 1 as an accused and thereafter name of petitioner no. 2 came in the

Patna High Court CR. MISC. No.49180 of 2023(3) dt.07-11-2023 2/2 confessional statement of petitioner no. 1.

It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. Neither the petitioners were named in the FIR nor put on TIP. There is no eye witness of the alleged occurrence. Nothing has been recovered from conscious possession of the petitioners rather the stolen articles were recovered from co-accused Fantus Taanti. Petitioner is languishing in judicial custody for more than six months.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Bhagalpur in connection with Jagdishpur P.S. Case No. 112 of 2023.

(Sunil Kumar Panwar, J) sushma/- U