Dharmendra Kumar Yadav @ Billa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24575 of 2024 Arising Out of PS. Case No.-348 Year-2023 Thana- KEWATI District- Darbhanga ====================================================== Dharmendra Kumar Yadav @ Billa, S/o Shambhu Yadav, R/o Village Chatra PS Keoti District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratnakar Jha, Adv.

For the State :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kewati P.S. Case No. 348 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3. As per prosecution case, some unknown persons snatched the motorcycle of the informant and fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light merely on the basis of suspicion. The petitioner has got no concern with the alleged occurrence. From the perusal of the impugned order, it appears that as

Patna High Court CR. MISC. No.24575 of 2024(2) dt.04-04-2024 2/2 alleged looted motorcycle has been recovered from the field of one Mahesh Yadav, which has come in para-29 of the case diary and no incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has not been put on Test Identification Parade to ascertain his participation in the alleged occurrence. Charge-sheet has been submitted in this case. The petitioner is in custody since 11.12.2023 and has one criminal antecedent.

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

6. Considering the facts and circumstances of the case as well as 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kewati P.S. Case No. 348 of 2023.

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