Rajiv Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20204 of 2025 Arising Out of PS. Case No.-6 Year-2019 Thana- JALALGARH District- Purnia ====================================================== Rajiv Yadav S/O Late Bechan Yadav Resident of village - Manikpur, Police Station - Fulkaha, Dist.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Jalalgarh P.S. Case No. 06 of 2019 registered for the offences punishable under Section 379 of the Indian Penal Code. 3.

Prosecution case as emerges from the FIR is that some unknown miscreants have stolen away the tractor and trailor of the informant.

4.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence as alleged against them and have falsely been implicated in the present case. Petitioner is not named in the FIR. The name of the petitioner has sprung in this case on the basis of confessional

Patna High Court CR. MISC. No.20204 of 2025(3) dt.02-07-2025 2/3 statement of of co-accused person, and the same has no evidentiary value. He next submits that no incriminating article has been recovered from the conscious possession of the petitioners. So far as recovery of tractor is concerned, the same is allegedly made from petitioner. Petitioner bears three criminal antecedent and is in custody since 06-01-2025. Charge sheet has already been submitted in this case. It is lastly submitted that coaccused has been granted anticipatory bail by this Court vide order dated 20-07-2024, passed in Cr. Misc. No. 44043 of 2024. 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present 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 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 Jalalgarh

Patna High Court CR. MISC. No.20204 of 2025(3) dt.02-07-2025 3/3 P.S. Case No. 06 of 2019, 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 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