Rohit Yadav @ Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78374 of 2023 Arising Out of PS. Case No.-416 Year-2023 Thana- RAMPUR District- Gaya ====================================================== 1.

ROHIT YADAV @ ROHIT KUMAR son of Late Kallu Yadav Village- Naya Tola Judaoganj Ps- Kodha Dist- Katihar 2.

Sonu Kumar Yadav son of Late Bala Yadav Village- Naya Tola Judaoganj Ps- Kodha Dist- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2023 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 sections 414, 467, 468, 420/34 of the Indian Penal Code.

3. As per prosecution case, the petitioners are said to have been apprehended by police team and from whose possession, one motorcycle bearing registration no. BR01DW5267 was recovered which was found stolen.

4. Learned counsel for the petitioners submits that the petitioners are innocent and has committed no offence. They have falsely been implicated in this case on the basis of

Patna High Court CR. MISC. No.78374 of 2023(2) dt.07-12-2023 2/2 suspicion. They have no concern with the aforesaid stolen vehicle. It is further submitted that the seizure list witness are police officials, not a single independent witness which violates section 100 of Cr.P.C. It is a case of triable by Court of Judicial Magistrate. Moreover, the petitioners are languishing in judicial custody since 24.6.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioners, this court is inclined to enlarge him on bail. The above named petitioners are directed to be released on bail in connection with Rampur P.S. Case No. 416 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Gaya. (Sunil Kumar Panwar, J) Amandeep/- U T