Rajesh Kumar @ Doller Yadav @ Doller v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27955 of 2024 Arising Out of PS. Case No.-23 Year-2024 Thana- CHANDAUTI District- Gaya ====================================================== 1.

Rajesh Kumar @ Doller Yadav @ Doller Son of Rajendra Yadav Resident of Village- Amarpura, Chiraiya Tand, P.S. Chandauti, District-Gaya 2.

Suraj Kumar Son of Munni Paswan Resident of Village- Chiraiya Tand, P.S. Chandauti, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Chandauti P.S. case No. 23 of 2024 instituted for the offences under Section 392 of the Indian Penal Code.

3. Prosecution story, in short, is that, truck of the informant which was loaded with paddy and was on its way to Nepal was looted by four unknown miscreants.

4. Learned counsel for the petitioners submitted that

Patna High Court CR. MISC. No.27955 of 2024(2) dt.18-04-2024 2/3 petitioners have falsely been implicated in the present case. He further submitted that petitioners are not named in the FIR nor any incriminating article recovered from possession of the petitioners rather reality is that petitioner no.1 is the owner of the alleged truck and petitioner no.2 is driver of the truck and the names of petitioners have surfaced on the basis of selfconfessional statements during course of investigation. He further submitted that alleged paddy has been recovered from godown of co-accused Navin Kumar who has already been granted bail by this Court vide order dated 04.04.2024 passed in Cr. Misc. No. 24535 of 2024. It has been submitted on behalf of the petitioners that the petitioners are in custody since 28.01.2024 and have no criminal antecedent.

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

6. Considering the aforesaid facts and circumstances of the case, clean antecedent, claim based on parity and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.27955 of 2024(2) dt.18-04-2024 3/3 below/concerned Court in connection with Chandauti P.S. case No. 23 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T