Ishwar Chand Yadav @ Ishwar Chandra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40393 of 2021 Arising Out of PS. Case No.-525 Year-2020 Thana- RANIGANJ District- Araria ====================================================== ISHWAR CHAND YADAV @ ISHWAR CHANDRA KUMAR S/o Rajendra Yadav Resident of Village- Bairakh Ward No.10, P.S.- Raniganj, DistrictAraria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhola Prasad For the Opposite Party/s :

Ms.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-01-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Raniganj Police Station Case No. 525 of 2020, registered for the offences punishable under Section 379/34 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the motorcycle of the petitioner was stolen by two miscreants, who came on a pulsar motorcycle and when the informant enquired about the persons who stole his motorcycle, he came to know from the villagers that the pillion rider was one Dilip Lahri @ Dilip Samrat.

Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.40393 of 2021(2) dt.25-01-2022 2/3 petitioner has falsely been implicated in this case on the basis of the alleged recovery of the stolen motorcycle in front of his house. He further submits that the petitioner has been remanded in the present case on 05.02.2021 from Raniganj Police Station Case No. 539 of 2020. He further submits that the petitioner is not named in the First Information Report and he has not been put on Test Identification Parade as yet. He further submits that at the time of seizure of the motorcycle, the procedure prescribed under Section 100 of the Code of Criminal Procedure, 1973, has not been followed.

Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that the petitioner has not been put on Test Identification Parade as yet, charge sheet has already been submitted and the petitioner is in custody since 05.02.2021, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 6th Additional Chief Judicial Magistrate, Araria, in connection with Raniganj Police Station Case No. 525 of 2020.

Patna High Court CR. MISC. No.40393 of 2021(2) dt.25-01-2022 3/3 This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √