Sudhir Kumar @ Sudhir Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8229 of 2025 Arising Out of PS. Case No.-226 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== Sudhir Kumar @ Sudhir Kumar Yadav Son of Ramprit Ray Resident of Village - Godhiya Tola, P.S. - Lakhaura, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in Chiraiya PS Case No. 226 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3.

Prosecution case in brief is that informant - who is vendor of 'Mirpur Rural Distribution Agency' - was going to distribute gas cylinders on Tata Magic and in the meantime, he was accosted by three persons, who on the point of pistol, looted Rs. 19,840/- and mobile phone of the informant and fled away. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20-092-2024. Petitioner bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.8229 of 2025(2) dt.18-02-2025 2/2 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, namely, Vicky Tiwary recorded in Chiraiya PS Case No. 228 of 2023. No incriminating article has been recovered from the possession of the petitioner. Learned counsel for the petitioner submits that police after investigation has submitted charge sheet in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of petitioner's implication and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chiraiya PS Case No. 226 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T