Raj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21508 of 2024 Arising Out of PS. Case No.-76 Year-2023 Thana- DINARA District- Rohtas ====================================================== Raj Kumar Yadav Son Of Shree Krishna Yadav @ Krishna Yadav Resident Of Village-Chakki Jai Pal Thakur Ke Dera, P.S.- Brahampur, Out Post- Chakki, District- Buxer ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lalbahadur Singh, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Dinara P.S. Case No. 76 of 2023, instituted for the offences punishable under Section 392 of the Indian Penal Code which was later substituted by Sections 395 and 412 of the Indian Penal Code.

3. The prosecution case, in short, is that, some miscreants looted motorcycle, rupees three thousand and mobile phone from the informant on gun point and fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner is not

Patna High Court CR. MISC. No.21508 of 2024(2) dt.22-03-2024 2/2 named in the F.I.R and name of the petitioner has transpired on the basis of confessional statement of co-accused Mohan Yadav. Learned counsel for the petitioner further submitted that the petitioner is languishing in judicial custody since 28.11.2023 and has got three criminal antecedents in which the petitioner is on bail in two cases. It is lastly submitted that Charge-sheet has already been submitted in the present case.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dinara P.S. Case No. 76 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T