Dularchand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34593 of 2023 Arising Out of PS. Case No.-726 Year-2022 Thana- SHEKHPURA District- Sheikhpura ====================================================== Dularchand Yadav, aged about 32 years, Male, Son of Late Prabhu Yadav, Resident of Village- Teldih, P.S. and District- Sheikhpura ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Bijendra Kumar, Advocate For the Opposite Party :

Mr. Ahmad Ali, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Sheikhpura P.S. Case No. 726 of 2022 dated 23.11.2022, instituted for the offence punishable under Sections 379 & 411 of the Indian Penal Code.

3. The prosecution case, in brief, is that on 03.11.2022, the informant's truck was stolen from Sunila Petrol Pump. On tracing, GPS installed in his truck, he found location of his truck and informed the nearby authority. It is further alleged that on investigation, it is found that the petitioner (earlier driver of the truck) has taken away the said vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this

Patna High Court CR. MISC. No.34593 of 2023(2) dt.24-06-2023 2/2 case. The allegation as alleged in the case is totally false and merely on suspicion. It is further submitted that the petitioner was not the driver of the vehicle at the time of occurrence. Nothing has been recovered from the possession of the petitioner. Lastly, it has been submitted that the petitioner is in custody since 15.03.2023, charge-sheet has been submitted in the case and the petitioner is clean antecedents but it is wrongly mentioned a case bearing Chewara P.S. Case No. 48 of 2022 in the impugned order.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheikhpura in Sheikhpura P.S. Case No. 726 of 2022. (Khatim Reza, J) Gaurav Kumar/- U T