Jitendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37138 of 2021 Arising Out of PS. Case No.-91 Year-2021 Thana- LAXMIPUR District- Jamui ====================================================== Jitendra Yadav, S/O- Horil Yadav R/V- Matiya, P.S.- Laxmipur, Dist- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Sinha- Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-12-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Laxmipur P. S. Case No.91 of 2021, instituted for the offences under Sections 380 and 456 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 13.03.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case.

The learned counsel for the petitioner further submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the informant alleges that a

Patna High Court CR. MISC. No.37138 of 2021(2) dt.08-12-2021 2/3 theft was committed in his house and while fleeing, the accused left his mobile. Accordingly, the F.I.R. was instituted against unknown.

The learned counsel for the petitioner submits that from perusal of the F.I.R. it would manifest that the occurrence is of 10.03.2021 and the F.I.R. was instituted on 12.03.2021, after a delay of two days without any plausible explanation. This petitioner is neighbour of the informant and he came to be implicated in the present case during the course of investigation on the ground that the mobile which was recovered from the place of occurrence belonged to this petitioner.

Learned counsel for the petitioner further submits that there is an absolutely no investigation on the issue as to whether the SIM card, which was inserted in the said mobile belonged to him or not.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody since 13.03.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case, the petitioner, above-named, is directed to be released on

Patna High Court CR. MISC. No.37138 of 2021(2) dt.08-12-2021 3/3 bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Jamui in connection with Laxmipur P. S. Case No.91 of 2021. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T