Krishna Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58145 of 2015 Arising Out of PS.Case No. -152 Year- 2015 Thana -BIHIYA District- BHOJPUR ====================================================== Krishna Yadav son of Dharmdeo Yadav, R/o Village- Karagda, P.S.- Shahpur, District- Bhojpur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Sunil Kumar Yadav, Advocate For the Opposite Party/s : Mr. Madhuranand Jha(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 25-01-2016 Heard learned counsel for the parties.
The petitioner is in custody in connection with Bihiya P.S. Case No. 152 of 2015 for offence punishable under Section 382 of the Indian Penal Code.
The FIR is against unknown and the accused well armed have been charged with committing theft in the shop of the informant. Learned counsel for the petitioner has submitted that it is on the basis of the confessional statement of the accused Vikash Yadav that the name of the petitioner has been roped in the present case. He submits that the observation of the court below regarding recovery from the house of the petitioner is not correct and relates to Sahpur P.S. Case No. 168 of 2015. He submits that insofar as the present case is concerned, there has been no recovery from the possession of the petitioner.
Having heard learned counsel for the parties, let the court
Patna High Court Cr.Misc. No.58145 of 2015 (2) dt.25-01-2016 below verify the statement so made by learned counsel regarding absence of recovery from the possession of the petitioner from the Case Diary and if the statement made by learned counsel that there has been no recovery from the house or possession of the petitioner in the present case is found to be correct then let the petitioner Krishna Yadav be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara in connection with Bihiya P.S. Case No. 152 of 2015. (Jyoti Saran, J) S.Sb/- U T