Devendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49350 of 2016 Arising Out of PS.Case No. -125 Year- 2016 Thana -BARAULI District- GOPALGANJ ====================================================== Raghaw Yadav @ Ragho Yadav son of Kashinath Yadav, resident of village- Gayghat Maganua, P.S.- Harsidhi, District- East Champaran .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.530 of 2017 Arising Out of PS.Case No. -125 Year- 2016 Thana -BARAULI District- GOPALGANJ ====================================================== Devendra Yadav, son of Sri Kashi Nath Yadav, Resident of Village - Gay Ghat Magnua, P.S. - Harasidhi, Dist - East Champaran (Motihari) .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.49350 of 2016) For the Petitioner/s :

Mr. Dhramveer For the Opposite Party/s :

Mr. Sri Parmanand Prasad (In Cr.Misc. No.530 of 2017) For the Petitioner/s :

Mr. Dhramveer For the Opposite Party/s :

Mr. Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 30-01-2017 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners, namely, Raghaw Yadav @ Ragho Yadav and Devendra Yadav seek bail in connection with Barouli P.S. Case No. 125 of 2016 registered under Sections328, 396 of the Indian Penal Code.

Patna High Court Cr.Misc. No.49350 of 2016 (3) dt.30-01-2017 2/3 It is alleged by the driver of the truck bearing Reg. No. RJ 07 BA 6141, which was going from Gujarat to Silchar (Assam), that when they reached near Barauli P.S. a six wheeler truck blocked their way and 6-7 persons came down and ride on his truck and forcibly administered medicine in his and his driver's mouth. When he came in to his sense he found himself in a field near Dumari Ghat. He found the driver also near himself and he found the driver dead. The accused persons looted all material from truck alongwith mobile phones and Rs. 40-45 thousand.

Learned counsel for the petitioners submits that petitioners are not named accused and they have been falsely implicated in the case only on basis of suspicion and nothing has been recovered from their possession. It is further submitted that charge has already been framed in the case. It is further submitted that after applying third degree petitioner's signature was obtained on plain paper which was later on used as confessional statement.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, the petitioners, above named, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each

Patna High Court Cr.Misc. No.49350 of 2016 (3) dt.30-01-2017 3/3 with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in connection with Barouli P.S. Case No. 125 of 2016.

(Arvind Srivastava, J) Manish/- U T