Paplesh Kumar @ Paplesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28871 of 2025 Arising Out of PS. Case No.-20 Year-2023 Thana- MANSI District- Khagaria ====================================================== Paplesh Kumar @ Paplesh Yadav S/O Sikandar Yadav R/O Village- Sakra Paharpur, P.S- Balwahat, Distt.- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vivekanand Singh, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Mansi P.S. Case No. 20 of 2023 instituted for the offences under Section 394 of the Indian Penal Code.

3. Prosecution case, in short, is that, when the informant was returning to his house, three unknown miscreants intercepted him and on the point of three nut, looted away motorcycle, mobile phone and cash amounting to Rs. 5,000/-.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case during investigation. Except motorcycle,

Patna High Court CR. MISC. No.28871 of 2025(2) dt.08-05-2025 2/3 no incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the looted motorcycle. Learned counsel further submitted that T.I.P. has not been conducted till date. Learned counsel further submitted that looted motorcycle has been recovered from an abandoned place. It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.03.2024 and has five criminal antecedents. The co-accused person has already been granted bail by this Court vide order dated 18.04.2025 passed in Cr. Misc. No. 80594 of 2024.

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

6. Considering the aforesaid facts and circumstances of the case as also 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 Mansi P.S. Case No. 20 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of

Patna High Court CR. MISC. No.28871 of 2025(2) dt.08-05-2025 3/3 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.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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