Upendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15594 of 2024 Arising Out of PS. Case No.-155 Year-2023 Thana- ALIPUR District- Gaya ====================================================== Upendra Yadav Son of Late Chandeshwar Yadav R/o Mohalla- Balwapar, P.S.- Tekari, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Alipur P.S Case No. 155 of 2023 registered for the offences punishable under Sections 414 of the Indian Penal Code (IPC), 1860.

3. As per prosecution case, a stolen motorcycle has been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that the motorcycle in question is

Patna High Court CR. MISC. No.15594 of 2024(2) dt.12-03-2024 2/3 purchased by the petitioner from one Gunjan Kumar @ Andda. On perusal of the seizure list there is no independent witness. It is also submitted that petitioner is in judicial custody since 18.11.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M-VI, Gaya in connection with Alipur P.S Case No. 155 of 2023.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the chargesheet has not been submitted then the petitioner shall

Patna High Court CR. MISC. No.15594 of 2024(2) dt.12-03-2024 3/3 be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Mayank/- U T