Raj Kishor Yadav @ Bhalla @ Bhala Yadav @ Raj Kishore Yadav @ Bhala v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26452 of 2020 Arising Out of PS. Case No.-347 Year-2018 Thana- MANJHAGARH District- Gopalganj ====================================================== RAJ KISHOR YADAV @ BHALLA @ BHALA YADAV @ RAJ KISHORE YADAV @ BHALA Son of Harerran Choudhury @ Hiraman Yadav @ Hareram Choudhary @ Hiraman Chaudhary Resident of Village - Bahora Tola, P.S. - Manjhagarh, District - Gopalganj. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Dr. Amrendra Kumar, Advocate For the Opposite Party/s :
Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-10-2020 Heard Dr. Amrendra Kumar, learned counsel for the petitioner and Mr. Tapeshwar Sharma, learned counsel appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Manjhagarh P.S. Case No. 347 of 2018 registered for the offence under Section 414, 420, 467, 468 of the I.P.C. The allegation as per the First Information Report is that the Police intercepted a motorcycle on which three persons along with petitioner were going and upon seeing the Police party, they left the motorcycle and fled away. It has further been alleged that motorcycle was found to be a stolen motorcycle. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case inasmuch as
Patna High Court CR. MISC. No.26452 of 2020(3) dt.20-10-2020 2/3 from perusal of the First Information Report itself it would be evident that the informant, who is a Police Officer, has deliberately implicated this petitioner in this case on the basis of the fact that he was a non F.I.R. accused in Manjhagarh P.S. Case No. 299 of 2018. Learned counsel further submits that petitioner has not been arrested on spot along with the stolen motorcycle and has been remanded in this case from Manjhagarh P.S. Case No. 299 of 2018 and petitioner is in custody since 10.06.2019. Learned counsel further submits that though 05 cases are pending against the petitioner, but the petitioner is on bail in all the aforesaid 05 cases and the petitioner was remanded in all those 05 cases on the basis of confessional statement.
Having heard learned counsel for the parties and taking into consideration the materials available on record and the fact that petitioner is in custody since 10.06.2019, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on the condition that the petitioner will not repeat offence of similar nature in future, on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of Shri Uday
Patna High Court CR. MISC. No.26452 of 2020(3) dt.20-10-2020 3/3 Pratap, learned Judicial Magistrate First Class, Gopalganj / court concerned in connection with Manjhagarh P.S. Case No. 347 of 2018.
It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding lockdown and social distancing.
(Anil Kumar Sinha, J) praful/- U T