Birendra Yadav @ Virendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1149 of 2020 Arising Out of PS. Case No.-693 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== Birendra Yadav @ Virendra Singh Son of Late Dularchand Yadav Resident of Village - Pratapur, P.S.- Kurtha, District- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar For the Opposite Party/s :

Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner in connection with Jehanabad P.S. Case No. 693 of 2019 registered for the offence punishable under sections 379, 411 and 414 of the Indian Penal Code.

As per allegation in the FIR, on hulla being raised by the local people, two persons were caught with a stolen motorcycle. It is further stated that on the statement of one of the persons caught, namely Jai Prakash, a stolen motorcycle and an illegal arm was recovered from the house of the petitioner. It is submitted by learned counsel for the petitioner that contrary to the allegation no recovery of any incriminating article has taken place from the house or possession of the

Patna High Court CR. MISC. No.1149 of 2020(3) dt.20-03-2020 2/2 petitioner. It is further submitted that besides the confessional statement of the co-accused made before the police there is no material against him. The said co-accused Jai Prakash has been enlarged on bail by order dated 28.1.2020 passed in Cr.Misc. No.836 of 2020 and the petitioner has not been put on T.I. Parade.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the fact of grant of bail to the coaccused on whose confessional statement the name of the petitioner has transpired, this Court is inclined to enlarge the petitioner on bail. Let the petitioner be enlarged on bail in connection with Jehanabad P.S. Case No.693 of 2019 on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Jehanabad.

(Partha Sarthy, J) Bibhash/- U T