Munna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8670 of 2025 Arising Out of PS. Case No.-703 Year-2024 Thana- HISUWA District- Nawada ====================================================== Munna Yadav S/O Basdeo Yadav R/O Vill.- Parsatari, P.S.- Chauparan, Dist.- Hazaribagh, Jharkhand.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Hisua P. S. Case No. 703 of 2024, dated 19-11-2024, instituted for offences punishable under Section 303(2) of the Bhartiya Nyaya Sanhita,2023.

3. The prosecution case, in short, is that on 19.11.2024, the informant's borrowed motorcycle was stolen from outside his office. GPS tracking showed the bike was at Rengana Tand, where the informant saw his co-villager Saurav Choudhary, who ran away as soon as he saw the informant. Later, CCTV footage showed three people stealing his bike. Two of them were identified as Rahul Kumar and Aashish Kumar. When confronted, Rahul, Ashish, and Suraj Kumar tried

2/4 to escape but were caught and handed over to the police. The informant suspects they committed the theft.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that the petitioner is not named in the First Information Report (FIR). The petitioner has been implicated in this case on the basis of the confessional statement of an apprehended person, who disclosed the petitioner's name, which led to the recovery of the Bullet motorcycle from the petitioner's garage. It is submitted that the said Bullet motorcycle was stolen by three persons, whose photographs were captured in the CCTV. It is next submitted that the petitioner had no knowledge of the stolen motorcycle and had purchased the same from the apprehended accused persons. He has been in custody since 03.12.2024 and has eight criminal cases pending against him. The charge sheet has been submitted in this case.

5. Learned Additional Public Prosecutor (APP) for the State has vehemently opposed the prayer for bail by filing a counter affidavit. It is submitted that the petitioner has seven criminal cases pending against him. Further submission is that the petitioner is a hardened criminal in the locality and is

3/4 involved in purchasing stolen motorcycles.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Nawada, in connection with Hisua P. S. Case No.

4/4 attendance till conclusion of the trial.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U T