Hareram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61952 of 2022 Arising Out of PS. Case No.-101 Year-2021 Thana- NAUTAN District- West Champaran ====================================================== MANOJ YADAV SON OF PUNDEO YADAV R/O VILL.- BAIRA PARSAUNI, P.S.- NAUTAN, DISTT.- WEST CHAMPARAN ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 62172 of 2022 Arising Out of PS. Case No.-101 Year-2021 Thana- NAUTAN District- West Champaran ====================================================== HARERAM YADAV SON OF PUNDEO YADAV R/O VILL.- BAIRA PARSAUNI, P.S.- NAUTAN, DISTT.- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 61952 of 2022) For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Sharda Kumari (In CRIMINAL MISCELLANEOUS No. 62172 of 2022) For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under Section 395 of the Indian Penal Code.

As per allegation, ten unidentified persons looted a

Patna High Court CR. MISC. No.61952 of 2022(2) dt.13-03-2023 2/3 tractor along with the trolley from the possession of informant's driver and the alleged crime was committed at the point of gun by the accused persons and after committing the said act of dacoity, the accused persons took away the tractor leaving behind the tractor's trolley.

Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case merely on the basis of confessional statement of co-accused Narad Yadav. Neither TIP has been held nor any incriminating articles have been recovered from the conscious possession of the petitioners. Similarly situated other co-accused person namely, Vyas Singh has already been granted bail by co-ordinate Bench of this Court vide order dated 22.08.2022 in Cr. Misc. No 29522 of 2022. It is further submitted that both the petitioners are languishing in judicial custody since 14.06.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with

Patna High Court CR. MISC. No.61952 of 2022(2) dt.13-03-2023 3/3 Nautan P.S. Case No. 101 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Bettiah, District-West Champaran.

(Sunil Kumar Panwar, J) Manish/- U T