Suraj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10178 of 2024 Arising Out of PS. Case No.-385 Year-2021 Thana- KATIHAR NAGAR District- Katihar ====================================================== Suraj Kumar Yadav, Aged-26 years, Male, S/O- Late Chandrashekhar Yadav @ Changal Yadav R/O- Naya Tola, Ward No.- 35, P.S.- Katihar Nagar, Dist.- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arbind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 26-02-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Katihar Nagar P.S. Case No.-385 of 2021 registered for the offence punishable under Sections 461 and 379 of the Indian Penal Code.

3. As per the prosecution case, it is a case of theft of one Laptop of Lenovo company as also one mobile of Oppo company by some unknown persons.

4.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated in this case and he also submits that from perusal of the prosecution case as well as the material available on record, it appears that there is no specific allegation against the petitioner for theft

Patna High Court CR. MISC. No.10178 of 2024(2) dt.26-02-2024 2/3 of the mobile and laptop from the office of the informant. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner.

6. On perusal of the first information report and also the impugned order dated 23.11.2023, it appears that petitioner is not named in the FIR and stolen laptop was recovered from the joint house of the petitioner and the same is not put on test identification parade and petitioner is in custody since 12.06.2023, in these circumstances, the period of custody of the petitioner, the prayer for bail of the petitioner is allowed. Let the above named petitioner be directed to be released on bail after framing of the charge in connection with Katihar Nagar P.S. Case No.385 of 2021 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Katihar. 7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every

Patna High Court CR. MISC. No.10178 of 2024(2) dt.26-02-2024 3/3 date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T