Chandradev Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32525 of 2024 Arising Out of PS. Case No.-67 Year-2024 Thana- RAFIGANJ District- Aurangabad ====================================================== Chandradev Yadav S/O Devnarayan Yadav R/O Village- Pande Pokhar, P.SKonch, Distt.- Gaya, At Present R/O Village- Bagdiha, P.S- Guraru, Distt.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Kumar Paswan, Advocate For the Opposite Party/s :
Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Rafiganj P.S Case No. 67/2024 dated 02.03.2024 registered for the offence punishable u/ss 457 and 380 read with 34 of the Indian Penal Code.
3. As per the prosecution case, on 25.02.2024 when the informant opened his shop, he found that theft was committed in his shop and articles worth Rs. 95,000/- were stolen. Later he came to know that Manish and Golu had committed theft in his shop as per the direction of the
Patna High Court CR. MISC. No.32525 of 2024(2) dt.07-05-2024 2/3 petitioner, Chandradeo Yadav, who is a scrap dealer.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel has submitted that the name of the petitioner has sprung up in the confessional statement of the co-accuseds, Manish and Golu which does not have any evidentiary value. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 03.03.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the stolen article were recovered from the possession of the petitioner.
6.
Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Aurangabad (Bihar) in connection with Rafiganj P.S Case No. 67/2024,
Patna High Court CR. MISC. No.32525 of 2024(2) dt.07-05-2024 3/3 with the condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T