Patna High Court - Orders
Ram Swarath Yadav @ Bairi Yadav vs The State Of Bihar on 21 November, 2014
Author: Ashwani Kumar Singh
Bench: Ashwani Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42239 of 2014
Arising Out of PS.Case No. -118 Year- 2014 Thana -SALIMPUR District- PATNA
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Rajesh Kumar, S/o - Subodh Yadav, R/o Village - Salimpur, Dakshin Tola,
P.S. - Salimpur, District - Patna.
.... .... Petitioner
Versus
The State of Bihar. .... .... Opposite Party
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With
Criminal Miscellaneous No.45048 of 2014
Arising Out of PS.Case No. -118 Year- 2014 Thana -SALIMPUR District- PATNA
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Ram Swarath Yadav @ Bairi Yadav, Son of Hari Yadav, Resident of
Village - Salimpur, Dakshin Tola, Police Station - Salimpur, District- Patna.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party
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Appearance :
(In Cr.Misc. No.42239 of 2014)
For the Petitioner : Mr. Binit Kumar, Advocate
For the Opposite Party : Mr. Satyavarta Verma, APP
(In Cr.Misc. No.45048 of 2014)
For the Petitioner : Mr. Arun, Advocate
For the Opposite Party : Mr. Anil Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL ORDER
2 21-11-2014Since both these cases for bail arise out of a common FIR, they have been heard together and are being disposed of by a common order.
The petitioners seek bail in connection with Salimpur P.S. Case No. 118 of 2014 registered for the offence punishable 2 Patna High Court Cr.Misc. No.42239 of 2014 (2) dt.21-11-2014 2/2 under Section 414 read with 34 of the Indian Penal Code.
It has been contended that the FIR is based on the self-statement of the Sub-Inspector of Police. The petitioner Rajesh Kumar was apprehended by the police party and from his possession one plastic jar containing 12 litres of diesel was seized. On his self-statement, the petitioner Ram Swarath Yadav @ Bairi Yadav was also apprehended from his house and from his possession one plastic jar containing 30 litres of diesel was seized. The allegation, according to the FIR is that the petitioners used to take out diesel from the tankers plying on the National Highway.
Learned counsel for the petitioners have submitted that the petitioners have got no criminal antecedent and they have falsely been implicated in the case. They are in custody since 18th July, 2014. The investigation of the case has already concluded and custodial interrogation of the petitioners is not warranted.
Be that as it may, having regard to the nature of allegation and the period undergone in custody, the petitioners are directed 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 the learned A.C.J.M., Barh, Patna in connection with Salimpur P.S. Case No. 118 of 2014.
(Ashwani Kumar Singh, J.) Sanjeet/-
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