Rohit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14162 of 2024 Arising Out of PS. Case No.-232 Year-2023 Thana- KORHA District- Katihar ====================================================== Rohit Yadav Son of Muttu Yadav @ Bhuttu Yadav @ Bhutay Yadav R/o Village- Mathura, P.S.- Korha, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner is apprehending his arrest in connection with Korha P.S. Case No. 232 of 2023, registered on 07.06.2023 for the offences under Section 414 of the Indian Penal Code.

3. As per prosecution case, police received secret information about petitioner taking stolen motorcycle for selling it at Katihar. Checking of vehicles was started and petitioner fled away leaving behind the motorcycle on seeing the police party. The police came to know about petitioner, who fled away from the spot, from the persons gathered at the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.14162 of 2024(2) dt.12-03-2024 2/3 case. No occurrence as alleged has ever taken place. The father of the petitioner purchased the said motorcycle, which was seized by the police, from one Shafi Raza and as the petitioner was not having driving licence, he fled away from the spot due to fear of the police party. The original owner has appeared before the learned court below and certified the fact about selling of the motorcycle to the father of the petitioner. The petitioner has got no criminal antecedent.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the completely vague nature of allegation against the petitioner, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar/concerned court in connection with Korha P.S. Case No. 232 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions :

Patna High Court CR. MISC. No.14162 of 2024(2) dt.12-03-2024 3/3 (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) DKS/- U T