Jimdar Yadav @ Jimdar Rai @ Jimdar Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20220 of 2025 Arising Out of PS. Case No.-228 Year-2023 Thana- DUMRA District- Sitamarhi ====================================================== Jimdar Yadav @ Jimdar Rai @ Jimdar Prasad Yadav S/O Ram Shevak Prasad Yadav @ Ram Sewak Prasad Rai Resident of village- Hanuman Nagar Pak Tola, PS- Dumra, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Dumra P.S. Case No. 228 of 2023, instituted for the offences punishable under Sections 413, 414, 467, 468 and 34 of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioner along with other co-accused persons committed theft of motorcycle.

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

Patna High Court CR. MISC. No.20220 of 2025(2) dt.15-04-2025 2/3 FIR. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused, namely, Rajnish Kumar and the same has got no evidentiary value. It is next submitted that neither the petitioner was apprehended on spot nor any recovery has been made from the possession of the petitioner. The petitioner is in custody since 25.09.2024 and has got nine criminal antecedents in which he is on bail. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 30.01.2024 passed in Cr. Misc. No. 3467 of 2024.

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 Dumra P.S. Case No. 228 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of

Patna High Court CR. MISC. No.20220 of 2025(2) dt.15-04-2025 3/3 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 two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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