Sada Nand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35470 of 2021 Arising Out of PS. Case No.-313 Year-2020 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== SADA NAND YADAV SON OF LATE BUDHAN YADAV Resident of Village - Mohalla - ward No.14 Bandh Korahia Parsahi, P.S.- Jaynagar, Dist.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhakar Thakur For the Opposite Party/s :

Ms. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-01-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Town Police Station Case No. 313 of 2020, registered for the offences punishable under Sections 401/379/413/414 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that two persons, going on a motorcycle, were intercepted by the police and on query, they did not produce the relevant documents regarding the ownership of the motorcycle in question and they further disclosed that the motorcycle in question was stolen one, which was given to the accused persons by the petitioner and others for the purpose of selling

Patna High Court CR. MISC. No.35470 of 2021(2) dt.06-01-2022 2/3 the same.

Learned Counsel for the petitioner submits that the name of the petitioner has come on the basis of the statement made by arrested co-accused person, from whose possession, the stolen motorcycle was recovered. He further submits that the finding of the learned Incharge 4th Additional Sessions Judge, Madhubani, in the impugned order, that the motorcycle was recovered form the possession of the petitioner, is an error of record, which would be evident from the statement made in the First Information Report. He further submits that the petitioner has got no criminal antecedent and co-accused Vikash Kumar Yadav, from whose possession, stolen motorcycle was recovered, has been granted bail by this Court, vide order, dated 20.12.2021, passed in Criminal Misc. No. 32525 of 2021. He further submits that the petitioner is in custody since 21.12.2020 and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that the petitioner has got no criminal antecedent, charge sheet has already been

Patna High Court CR. MISC. No.35470 of 2021(2) dt.06-01-2022 3/3 submitted, co-accused has been granted bail by this Court and the petitioner is in custody since 21.12.2020, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani, in connection with Town Police Station Case No. 313 of 2020. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √