Subham Kumar @ Subham Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58524 of 2023 Arising Out of PS. Case No.-25 Year-2023 Thana- PASRAHA District- Khagaria ====================================================== 1.

Subham Kumar @ Subham Yadav Son Of Sri Mahanand Yadav @ Mahanand Kumar Yadav R/O Vill - Balha, P.S. - Bihpur (Bhawanipur O.P.), Distt. - Bhagalpur 2.

Ranjeet Kumar @ Ravi Prakash @ Ranjeet Yadav Son Of Shri Om Prakash Yadav R/O Vill - Balha, P.S. - Bihpur (Bhawanipur O.P.), Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-09-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Pasraha P.S. Case No. 25 of 2023 registered for the offence under Section 379 of the Indian Penal Code.

3. As per prosecution case, the petitioners are alleged to have theft the motorcycles of the informant and his villager Sudhir Kumar. One co-accused Md. Arbaz caught by the informant who disclosed the name of the petitioners along with others.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They

Patna High Court CR. MISC. No.58524 of 2023(2) dt.04-09-2023 2/2 have falsely been implicated in this case on the basis of confessional statement of other co-accused namely, Md. Arbaz Ali who was caught on spot. Neither any incriminating article has been recovered from conscious possession of the petitioners nor they were put on TI Parade. It is further submitted that the petitioners are languishing in judicial custody since 26.4.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Pasraha P.S. Case No. 25 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Khagaria. (Sunil Kumar Panwar, J) Amandeep/- U T