Chandra Shekhar Kumar Yadav @ Chandra Shekhar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23783 of 2018 Arising Out of P.S.Case No. -43 Year- 2018 Thana -FORBESGANJ District- ARRARIA ======================================================
1. Chandra Shekhar Kumar Yadav @ Chandra Shekhar. Son of Satya Narayan Yadav, Resident of Village-Dhangara P.S. Bhargama, DitrictAraria.
2. Vipin Kumar Son of Kalanand Yadav
3. Vikram Kumar Son of Kalanand Yadav Both Resident of VillageGargama, P.S. Bhargama, District-Araria. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 17-05-2018 Heard learned counsel for the petitioners and the State. The petitioners are in custody in connection with Forbesganj P.S.Case No.43 of 2018 registered for an offence under Section 392 of the IPC.
The case has been registered on the basis of written report submitted before SHO of Forbesganj. The allegation is that on the date of occurrence four unknown miscreants intercepted the informant and snatched an amount of Rs.1,25,000/- from his possession and an amount of Rs.92,000/- from the possession of his friend Mukesh Kumar. The accused persons further snatched a motorcycle and mobile phone.
Patna High Court Cr.Misc. No.23783 of 2018 (3) dt.17-05-2018 2/3 It has been submitted that the petitioners have been implicated merely on suspicion. In course of investigation, some of the accused persons were apprehended who disclosed the name of these petitioners in their confessional statement. It has further been submitted that the petitioners have clean antecedent and except disclosure of the name of these petitioners by other coaccused there is nothing against the petitioners. The co-accused Sunil Kumar Yadav @ Bachha Yadav who disclosed the name of these petitioners has been allowed bail by one of the coordinate Bench of this Court in Cr.Misc.No.26048 of 2018. The learned APP opposed the submissions.
Considering the clean antecedent of the petitioners and the fact that their name have been divulged by co-accused in their confessional statement, prayer for bail is allowed. Let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of CJM, Araria in connection with Forbesganj P.S.Case No.43 of 2018 with following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall cooperate in the disposal of trial and make themselves
Patna High Court Cr.Misc. No.23783 of 2018 (3) dt.17-05-2018 3/3 available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Sanjay Kumar, J) B.Kr./- U T