Kunal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74677 of 2019 Arising Out of PS. Case No.-549 Year-2019 Thana- KATIHAR District- Katihar ====================================================== 1.

KUNAL YADAV S/o- Late Suresh Prasad Yadav R/o- Dehria, P.S.- Katihar (M), District- Katihar.

2.

Sujit Kumar Chouhan S/o- Subachan Chouhan R/o- Dehria, P.S.- Katihar (M), District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-03-2020 It is pointed out by the office that xerox copies of the case diary are misplaced. If the same are traced out, the same be returned to the court concerned. If not, no further action is required.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Section 379/411 of the Indian Penal Code.

Allegedly, petitioners entered the house of the informant to commit theft but they were apprehended by the informant with help of other people.

It has been submitted on behalf of the petitioners that the

Patna High Court CR. MISC. No.74677 of 2019(5) dt.19-03-2020 2/2 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are in custody since 22-08-2019. Charge sheet has already been submitted. The petitioners have been falsely implicated in the present case. The recovered copper wire has not been proved to be a stolen property. The petitioners had no knowledge regarding the copper wire in question. The case is triable by the Magistrate. The petitioners have remained in custody for six months.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Katihar Town P.S. Case No. 549 of 2019.

(Sudhir Singh, J) A.K.V.//- U T