Rajesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54920 of 2019 Arising Out of PS. Case No.-464 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== 1.

Rajesh Kumar Yadav, Son of Pramod Yadav, Resident of Village - Baliya, P.S.- Sahkund, District - Bhagalpur 2.

Bikash Yadav, Son of Ganouri Yadav, Resident of Village - Baliya, P.S.- Sahkund, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar Choudhary, Advocate For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-09-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioners are in custody since 26.05.2019 in connection with Saharsa Sadar P.S. Case No.464 of 2019 (Reg. No. C.R.I Case/ 1267/2019) registered for the offence under Sections 406, 409, 420, 120B of the Indian Penal Code. Learned counsel for the petitioners submits that Petitioner Nos.1 and 2 are Driver and Khalasi of the vehicle in which maize to the tune of Rs.6 lacs had been loaded and which disappeared midway while going to Kolkata Madhya Gram. It is further submitted that the petitioners are innocent and their vehicle was intercepted and abducted and they were

Patna High Court CR. MISC. No.54920 of 2019(2) dt.05-09-2019 2/2 made to leave the vehicle and they were found in an intoxicated state by the villagers of Kishanpur, Supaul. It is further submitted that information to this effect was given to the informant by the transporter from some unknown sources, which are not known to the petitioners. It is further submitted that only on the basis of conjectures and surmise and because the vehicle was recovered from the place, which happens to be the home district of the present petitioners, an inference can be drawn that the petitioners are involved in abduction of the vehicle and the maize which was loaded thereon.

Having considered the aforementioned facts and circumstances and that the allegations being vague and indistinct and that there has been no recovery from either of the petitioners and also that they have no criminal antecedents, let the petitioners, above named, be released on bail on their furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saharsa, in connection with Saharsa Sadar P.S. Case No.464 of 2019 (Reg. No. Case 1267/2019).