Patna High CourtCR. MISC./41222/2021bail granted

Shambhu Yadav v. The State Of Bihar

2022-01-05Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41222 of 2021 Arising Out of PS. Case No.-165 Year-2020 Thana- RAHIKA District- Madhubani ====================================================== SHAMBHU YADAV S/O VIJAY YADAV @ VIJAY CHANDRA YADAV R/O VILLAGE-SINGHWARA, P.S-ARER, DISTRICT-MADHUBANI ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Ms. Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of Rahika P.S. Case No. 165 of 2020, registered for the offence punishable under Section 379 of the Indian Penal Code. The petitioner is in custody since 27.01.2021. Learned counsel appearing on behalf of the petitioner has submitted that the First Information Report in respect of theft of a motorcycle was registered against unknown and the petitioner's name surfaced during the course of investigation on the basis of confessional statement made by a co-accused. He has further submitted that there is no material over and above the said so-called confessional statement of the co-accused

Patna High Court CR. MISC. No.41222 of 2021(3) dt.05-01-2022 2/2 before the police is there justifying petitioner's implication in this case.

Considering the submission that the petitioner is in custody since 27.01.2021 and his name has emerged merely on the basis of confessional statement of a co-accused, this application is allowed.

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 the learned C.J.M., Madhubani, in Rahika P.S. Case No. 165 of 2020.

(Chakradhari Sharan Singh, J) Pawan/- U T