Rahul Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28909 of 2020 Arising Out of PS. Case No.-106 Year-2020 Thana- MIRGANJ District- Gopalganj ====================================================== RAHUL KUMAR YADAV Son of Yogendra Yadav R/o Village-Khargi Rampur, P.S.-Zeradei, District-Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhramveer For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-11-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic. Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioners seek regular bail in connection with Mirganj PS case no. 106 of 2020 instituted for the offences punishable under Section 414 of Indian Penal Code. The allegation is regarding the police force having apprehended the petitioner and a stolen motorcycle was recovered from the possession of the petitioner. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody

Patna High Court CR. MISC. No.28909 of 2020(2) dt.13-11-2020 2/2 since 04.06.2020. It is further submitted that though the petitioner is an accused in one other case but he is on bail in the said case. Lastly, it is submitted that the petitioner has not been apprehended with the stolen motorcycle, which would be apparent from a bare perusal of the seizure list. Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the parties and taking into account the fact that the petitioner is having a fair antecedent, inasmuch as he is an accused in one other case in which he is on bail and moreover, he is languishing in custody since 04.06.2020, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. XVI, Gopalganj in connection with Mirganj PS case no. 106 of 2020. (Mohit Kumar Shah, J) rinkee/- U T