Subhash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63205 of 2018 Arising Out of PS. Case No.-497 Year-2017 Thana- MADHEPURA District- Madhepura ====================================================== Subhash Yadav Son of Late Siaram Yadav, Resident of VillageParmanandpur, Police Station- Ghailarh, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-12-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Madhepura P.S. Case no. 497 of 2017 registered under Section 414 of the Indian Penal Code.

During the course of search in the occurrence of several theft committed under P.S. Madhepura, Gayatri Devi, Sita Devi and Marjina Khatoon @ Raushan Khatoon were apprehended and some household articles, attire, etc. were recovered from the possession of said Marjina Khatoon @ Raushan Khatoon who in her confessional statement named the petitioner as one of her accomplices in the occurrence. It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.63205 of 2018(2) dt.18-12-2018 2/2 that petitioner has no concern with the aforesaid occurrence. He has been falsely implicated in the case. No incriminating article has been recovered from the possession of the petitioner. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring the confessional statement of the co-accused which has no evidentiary value in the eye of law. Moreover no one has claimed the articles recovered from the possession of Marjina Khatoon @ Raushan Khatoon. In the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No. 497 of 2017, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T