Vijay Kumar Yadav @ Binay Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10895 of 2022 Arising Out of PS. Case No.-357 Year-2021 Thana- RAJNAGAR District- Madhubani ====================================================== Vijay Kumar Yadav @ Binay Kumar Yadav S/o Chitranjan Yadav @ Chitranjan Argariya R/o Village- Baghmariya, P.S.- Laukaha, DistrictMadhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nand Kishore Prasad, App ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Rajnagar P.S. Case No. 357 of 2021 registered for the offence under Section 392 of the Indian Penal Code.

The accused/petitioner is not named in the F.I.R. and is in custody since 24.12.2021.

The allegation against the petitioner is to purchase stolen motorcycle of the occurrence, which was taken away by the other co-accused, while committing robbery. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.10895 of 2022(2) dt.05-07-2022 2/3 submitted that name of the petitioner surfaced on the basis of confessional statement of co-accused namely, Surendra Kumar Sah. It has further been submitted that nothing surfaced during course of investigation, which may suggest that petitioner was under knowledge that the motorcycle was stolen. It has further been submitted that petitioner is a man of clean antecedent. While concluding the argument, it has been submitted that charge-sheet has already been submitted in this case, as such, there is no chance of tampering with the evidence. Learned APP, while opposing the prayer of bail, fairly conceded the fact that petitioner is not named in the F.I.R.

Considering the facts and circumstances as mentioned above, as nothing surfaced during course of investigation, which may suggest that the petitioner was under knowledge that recovered motorcycle is stolen coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Rajnagar P.S. Case No. 357 of 2021 on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.10895 of 2022(2) dt.05-07-2022 3/3 "(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(ii) That one of the bailors shall be Chitranjan yadav @ Chitranajan Argariya, who is the father of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) S.Katyayan/ R.S.Sen/- U T