Rinku Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31304 of 2020 Arising Out of PS. Case No.-334 Year-2020 Thana- ARARIA District- Araria ====================================================== RINKU YADAV Son of Late Turai Yadav Resident of Village- Kharaiya Basti, Ward No. 10, P.S. and District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrigendra Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 379 and 411 of the Indian Penal Code.

Allegedly, theft was committed in the thermocol factory of the informant by the culprits in which, different items were stolen away. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner.

Patna High Court CR. MISC. No.31304 of 2020(2) dt.02-12-2020 2/2 The petitioner is in custody since 02-05-2020. Charge sheet/Prosecution report in this case has already been submitted. The petitioner is not named in the FIR. His name transpired in this case on the basis of confessional statement of co-accused. There is no recovery of any incriminating article from possession of the petitioner. The alleged recovery of the looted article is said to have been made from possession of the co-accused Kundan Kumar Choudhary. The other co-accused with similar allegation has been granted bail by a coordinate bench of this court vide order dated 0209-2020 passed in Cr. Misc. No. 28184 of 2020. On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No. 334 of 2020.

(Sudhir Singh, J) A.K.V.//- U T