Sanjay Bhagat vs The State Of Bihar on 25 September, 2014

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Patna High Court - Orders

Sanjay Bhagat vs The State Of Bihar on 25 September, 2014

Bench: Gopal Prasad

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No. 35714 of 2014
                  Arising Out of PS.Case No. -37 Year- 2013 Thana -MAHESI District- EASTCHAMPARAN
                 (MOTIHARI)
                 ======================================================
                 1. Sanjay Bhagat S/o Mahesh Bhagat R/o village- Bathana, P.S.- Motipur,
                     District- Muzaffarpur
                                                                      .... .... Petitioner/s
                                                  Versus
                 1. The State of Bihar
                                                                 .... .... Opposite Party/s
                 ======================================================
                                                   With
                                 Criminal Miscellaneous No. 39883 of 2014
                  Arising out of P.S.Case No.-37, Year-2013 Thana-MAHESI District - EASTCHAMPARAN
                 (MOTIHARI)
                 ======================================================
                 Deepak Kumar Yadav @ Dipak Kumar Yadav, Son of Late Rajendra Rai,
                 Resident of Village - Anjana Court Phular, P.S. - Motipur, Dist. -
                 Muzaffarpur
                                                                      .... .... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                 .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In Cr.Misc. No.35714 of 2014)
                 For the Petitioner/s     : Mr. Jyotsna Rani Mishra
                 For the Opposite Party/s : Mr. Akbar Ali(App)
                 (In Cr.Misc. No.39883 of 2014)
                 For the Petitioner/s     : Mr. Dhurendra Kumar
                 For the Opposite Party/s : Mr. Parmeshwar Mehta(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD
                 ORAL ORDER

2   25-09-2014

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

These petitions are for grant of regular bail in a case under Section 392 of the Indian Penal Code.

The First Information Report is registered against unknown. The only material against the petitioner, Sanjay Bhagat is the confessional statement of the co-accused, namely, Deepak Kumar and Yogendra Kumar alleging that the petitioner purchased the motorcycle from them. Patna High Court Cr.Misc. No.35714 of 2014 (2) dt.25-09-2014 2 The petitioner, Deepak Kumar Yadav @ Dipak Kumar Yadav was arrested in Mehsi P.S. Case No. 45 of 2013 and in that case his confessional statement was recorded and on the basis of the confessional statement he is remanded in this case on 24.06.2013. Neither any recovery has been made from the possession of the petitioners nor put on Test Identification Parade though the petitioner, Sanjay Bhagat is in jail custody since 25.07.2013 and petitioner Deepak Kuamr Yadav @ Dipak Kumar Yadav is in jail custody since 24.06.2013.

Hence, having regard to the facts and circumstances of the case, the petitioners above named are ordered to 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 learned Judicial Magistrate-1st Class, Sadar, East Champaran at Motihari in connection with Mehshi P. S. Case No. 37 of 2013.

(Gopal Prasad, J) Kundan/-

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Patna High Court - Orders