Ajay Lal Kumar Yadav @ Ajay Lal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72524 of 2023 Arising Out of PS. Case No.-909 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Ajay Lal Kumar Yadav @ Ajay Lal Kumar Son Of Ram Kailash Yadav @ Ram Kailash Ray Resident Of Village- Lomaniya, Ps- Banjariya, Distt- East Champaran 2.

Bhola Shankar Kumar Son Of Ramesh Yadav, R/V Pachrukha, PsBanjariya, Distt- East Champaran Resident Of Village- Pachrukha, PsBanjariya, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for bail in a case registered for the offence punishable under Sections 413 and 414 of the Indian Penal Code.

3. As per prosecution case, the petitioners were apprehended by the police during patrolling duty while they were trying to sell the stolen bullet motorcycle bearing registration no. BR05AC4422.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this

Patna High Court CR. MISC. No.72524 of 2023(2) dt.29-11-2023 2/2 case on suspicion. In fact the petitioners were going to their relatives house and in the way police arrested them on suspicion and made them accused when the real culprit fled away. They have concern with the alleged recovered motorcycle. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Provision of Section 100 Cr.P.C. has not been followed by the police personnel while preparing the seizure list. This case is triable by the court of Judicial Magistrate. Petitioners are languishing in judicial custody since 22.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VI, East Champaran in connection with Turkauliya P.S. Case No. 909 of 2023. (Sunil Kumar Panwar, J) lata/- U T