Patna High CourtCR. MISC./35232/2024bail granted

Roshan Yadav @ Roshan Kumar v. The State Of Bihar

2024-05-08Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35232 of 2024 Arising Out of PS. Case No.-223 Year-2023 Thana- MANIHARI District- Katihar ====================================================== Roshan Yadav @ Roshan Kumar SON OF AMARNATH YADAV VillageMIRJAPUR, (WARD NO. 12), PS- MANIHARI, DIST- KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Manihari P.S. Case No. 223 of 2023 instituted for the offence under Section 379 of the Indian Penal Code.

3. Prosecution case in short is that accused persons including the petitioner have stolen the motorcycle of the informant.

5. It has been submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Nothing has been recovered from the possession of the petitioner. It is lastly submitted that charge sheet has already been submitted in this case. Petitioner has clean antecedent.

Patna High Court CR. MISC. No.35232 of 2024(2) dt.08-05-2024 2/2 There is no compliance of Section 100 of Cr.P.C.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant anticipatory bail to the petitioner.

8. Let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail 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 Court in connection with Manihari P.S. Case No. 223 of 2023 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Prakash/- U