Jitesh @ Rauni Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70927 of 2021 Arising Out of PS. Case No.-408 Year-2020 Thana- ARWAL District- Jehanabad ====================================================== 1.

JITESH @ RAUNI YADAV Son of Kapur Yadav Resident of Village- Naya Tola, Jurabganj, P.S.- Kodha, District- Katihar. 2.

Arun Kumar Yadav Son of Late Chhote Lal Yadav Resident of Village- Naya Tola, Jurabganj, P.S.- Kodha, District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Kumari Anupam, Advocate :

Ms.Priyanka Singh, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-05-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in a case registered for the offences punishable under Sections 356 and 379 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are in custody since 15.07.2021, charge-sheet has been submitted in the case, petitioner no.1 has antecedent of seven cases and petitioner no.2 has antecedent of four cases, Learned counsel for the petitioners submits that the informant alleges that he and his staff, on a motorcycle, were intercepted by two unknown criminals who snatched his bag

Patna High Court CR. MISC. No.70927 of 2021(2) dt.05-05-2022 2/3 containing Rs. 90,000/- and fled.

Learned counsel for the petitioners submits that the F.I.R. was against unknown and the name of the petitioners came based on their own confessional statement when they were arrested in Arwal P.S. Case No. 168 of 2021 where they were made to confess their participation in the present occurrence, further confession made in police custody does not have any evidentiary value and the petitioners were made an accused merely because of their antecedents. It is further submitted that no incriminating article was recovered from the possession of the petitioners nor the petitioners were put on TIP. Learned A.P.P. for the State opposes the prayer for bail of the petitioners.

Considering the fact that the petitioners are in custody since 15.07.2021, charge-sheet has been submitted in the case and taking into consideration the submissions made by the learned counsel for the petitioners, let the petitioners above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Arwal P.S. Case No. 408 of 2020 with a condition that one

Patna High Court CR. MISC. No.70927 of 2021(2) dt.05-05-2022 3/3 of the bailors of the petitioner no.1 shall be his father, Kapur Yadav and one of the bailors of the petitioner no.2 shall be a close relative of the petitioner no.2 who shall file a genealogical table certified by the Circle Officer.

(Satyavrat Verma, J) Rishi/- U T