Mithilesh Yadav @ Mitho Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2480 of 2017 Arising Out of PS.Case No. -110 Year- 2016 Thana -BEGUSARAI GRP CASE DistrictBEGUSARAI ======================================================

1. Mithilesh Yadav @ Mitho Yadav

2. Shubham Yadav @ Karo Yadav, son of Late Rajendra Yadav, Both Resident of Village Daan Tola, Panchayat Bhawan, P.S. Khagaria Town, District Khagaria.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Mrityunjay Kumar, Advocate For the Opposite Party : Mr. Sri Matloob Rab (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-01-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners seek bail in connection with Barauni Rail P.S Case No. 110 of 2016 (G.R. No. 132 of 2016) registered for the offence punishable under Section 379/34 of the Indian Penal Code.

Allegedly, some person snatched gold chain of the informant when he was getting down of the train to bring water in the meantime, five youth started fleeing away towards West and then the informant raised alarm and after chase the passengers and police caught four persons including the petitioners and they disclosed that Vikash Kumar fled away with chain. Submission is of false implication and that nothing has been recovered from possession of the petitioners, they have

Patna High Court Cr.Misc. No.2480 of 2017 (2) dt.28-01-2017 2/2 been made victim of the circumstances. The petitioners have got no criminal antecedent and without any fault they are suffering in custody since 06.11.2016 and, as such, they deserve sympathetic consideration.

Learned A.P.P. submits that the petitioners were arrested after chase.

In the facts and circumstances stated above, considering that nothing has been recovered from possession of the petitioners and, as such, petitioners are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Railway Judicial Magistrate Barauni, in connection with Barauni Rail P.S. Case No. 110 of 2016 (G.R. No. 132 of 2016), subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail. (Jitendra Mohan Sharma, J.) Rajiv/- U T