Arunish Yadav @ Arunish Kumar @ Chhotu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16280 of 2024 Arising Out of PS. Case No.-300 Year-2023 Thana- NEMDARGANJ District- Nawada ====================================================== Arunish Yadav @ Arunish Kumar @ Chhotu S/O Sanjay Yadav R/O VillageRamdani (Bharthua), P.S- Kako ( Bhelabar O.P), Distt.- Jehanabad (Bihar). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subodh Kumar, Advocate For the Opposite Party/s :
Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Nemdarganj P.S. Case No. 300 of 2023 instituted for the offence under Section 379 of the Indian Penal Code.
3.
Prosecution case in short is that 12 wheeler truck of the informant was stolen away by some unknown miscreants. 4.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 14-12-2023. Petitioner is a man of clean antecedent.
5.
It has been further submitted by the petitioner's
Patna High Court CR. MISC. No.16280 of 2024(3) dt.30-04-2024 2/3 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 his self-confessional statement recorded during the course of investigation. It is submitted that no T.I. parade was done in the instant case. It is lastly submitted that charge sheet has already been submitted 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, clean antecedent of the petitioner 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 Nemdarganj P.S. Case No. 300 of 2023, subject to the following conditions:
(I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on
Patna High Court CR. MISC. No.16280 of 2024(3) dt.30-04-2024 3/3 two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Raj Kishore/- U T