Patna High CourtCR. MISC./7503/2024bail granted

Chandan Yadav @ Lambu v. The State Of Bihar

2024-02-20Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7503 of 2024 Arising Out of PS. Case No.-141 Year-2023 Thana- MIRGANJ District- Purnia ====================================================== CHANDAN YADAV @ LAMBU S/O BAUKU YADAV R/O VILLAGEMEHINAGAR, DAKAITA, WARD NO.12, P.S- MIRGANJ, DISTT.- PURNEA-854304.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Syed Masleh Uddin Ashraf, Advocate For the Opposite Party/s :

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-02-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Mirganj P.S. Case no.141 of 2023 registered under sections 413 and 414 of the Indian Penal Code.

3. As per the prosecution case, on a raid being conducted in the house of the petitioner, 24 stolen smart mobile phones were recovered from the petitioner's house.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's possession and the petitioner has been falsely implicated in the case for oblique reasons. He has no criminal antecedent and is in custody since 3.11.2023. Chargesheet has been submitted in the

Patna High Court CR. MISC. No.7503 of 2024(2) dt.20-02-2024 2/2 case.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the petitioner not having any criminal antecedent and chargesheet having been submitted in the case against the petitioner who is in custody since 3.11.2023, the Court directs the petitioner to be enlarged on bail in connection with Mirganj P.S. Case no.141 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea.

7. It is made clear that in case it transpires that the petitioner had any criminal antecedent, the prosecution would be at liberty to move for cancellation of bail in the learned trial Court itself.

(Partha Sarthy, J) Saurabh/- U T