Patna High CourtCR. MISC./35644/2024bail granted

Surya Kumar Yadav v. The State Of Bihar

2024-06-28Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35644 of 2024 Arising Out of PS. Case No.-32 Year-2024 Thana- MAJORGANJ District- Sitamarhi ====================================================== Surya Kumar Yadav Son of Ramdhyan Ray Resident of Village - Chakraghata, Palika, Ward no. 2, Belahi, P.S. - Mangalwa, Dist.- Sarlahi(Nepal).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Majorganj/Mejarganj P.S. Case No. 32 of 2024 instituted for the offences under Sections 379, 411, 414 of the Indian Penal Code.

3. Prosecution case, in short, is that the petitioner along with other miscreant was caught by nearby people while fleeing away after stealing the informant's motorcycle from the spot.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case.

Patna High Court CR. MISC. No.35644 of 2024(3) dt.28-06-2024 2/2 The petitioner has no concern with the alleged occurrence or the seized motorcycle. No incriminating article has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted bail by this Bench vide order dated 02.05.2024 passed in Cr. Misc. No. 33684 of 2024. It has been submitted on behalf of the petitioner that the petitioner is in custody since 06.02.2024 and has no criminal antecedent.

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, claim based on parity 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 Majorganj (Mejarganj) P.S. Case No. 32 of 2024.

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