Uttam Kumar @ Uttam Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30345 of 2025 Arising Out of PS. Case No.-58 Year-2024 Thana- SHERGHATI District- Gaya ====================================================== Uttam Kumar @ Uttam Kumar Yadav S/o Ramashish Yadav @ Ramashish Prasad R/o Village- Kodihra, P.S.- Masaurhi, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar Sharma, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sherghati (Dobhi) P.S. Case No. 58 of 2024, instituted for the offences punishable under Sections 379 and 411 of the Indian Penal Code.

3.

The prosecution case, in short, is that, truck of the informant went missing from his doorstep. Tracking the GPS, he found it moving towards Tapovan Jethiyan and informed the police, who intercepted it near Islampur.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case due to criminal antecedent of the petitioner.

Patna High Court CR. MISC. No.30345 of 2025(2) dt.06-05-2025 2/3 Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. From bare perusal of the FIR, it would reveal that co-accused, namely, Guddu Kumar and Manish Kumar were arrested by the police and during interrogation, they disclosed the name of the petitioner as an associate. It is further submitted that no recovery of looted articles have been made from the possession of the petitioner. The petitioner is in custody since 23-11-2024 and has got four criminal antecedents in which he is on bail. Other co-accused has been granted bail by this Court vide order dated 25-02-2025, passed in Cr. Misc. No. 10212 of 2025.

5.

Learned APP 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 and taking into account 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, after framing of charge, if not already to framed, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned

Patna High Court CR. MISC. No.30345 of 2025(2) dt.06-05-2025 3/3 Court in connection with Sherghati (Dobhi) P.S. Case No. 58 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T