Pappu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71766 of 2024 Arising Out of PS. Case No.-61 Year-2024 Thana- DARBHANGA District- Darbhanga ====================================================== 1.

Pappu Kumar Yadav Son of Sanjay Yadav Resident of Village - Rautara, P.S.- Rautara, District - Katihar 2.

Deepu Kumar Son of Kamal Yadav Resident of Village - Naya Tol, Jurabganj, P.S.- Kodha, District - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Jha, Advocate For the Opposite Party/s :

Mr.Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-10-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under section 379 of the Indian Penal Code.

3. The prosecution case in brief is that on 16.03.2024 , the informant withdrew Rs. 1,30,000/- from bank and took the same in the 'dickey' of his motorcycle and reached at Mirzapur Balaji shop. Thereafter, he parked his motorcycle inside the shop, when he returned back found his motorcycle's 'dickey' broken and cash as well as other documents stolen. From C.C.Tv footage, it come out that one unknown person after

Patna High Court CR. MISC. No.71766 of 2024(2) dt.07-10-2024 2/2 broken the 'dickey' of the motorcycle and stolen the same. Accordingly, the FIR.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in connection with the present case. No incriminating articles have been recovered from the conscious possession of the petitioners. It is further submitted that name of the petitioners surfaced on the basis of the confessional statement made before the police, which has no evidentiary value. Moreover, the petitioners are languishing in judicial custody since 13.06.2024.

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

6. Considering the aforesaid 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 Darbhanga P.S. Case No. 61 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga.

(Ashok Kumar Pandey, J) Jagdish/- U T