Yogendra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35497 of 2022 Arising Out of PS. Case No.-597 Year-2021 Thana- BHAGWAN BAZAR District- Saran ====================================================== Yogendra Kumar Yadav Son Of Lalan Yadav, R/O-Village-- Surajpur Chhapiya, P.S.- Hussainganj Dist.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha, Advocate Mr. Saurabh Kumar, Advocate Mr. Dhananjay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Bhagwan P.S. Case No.597 of 2021, lodged under Section 379 of the Indian Penal Code and later on 411 of the I.P.C. added. As per the prosecution, the allegation of theft of Bolero vehicle is there in the F.I.R. and case has been filed against unknown persons.

Learned counsel for the petitioner submits that F.I.R. has been filed against unknown persons but during investigation the said Bolero vehicle was recovered and petitioner was

Patna High Court CR. MISC. No.35497 of 2022(2) dt.16-09-2022 2/2 alleged to be arrested driving the vehicle. He further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 16.12.2021 and charge sheet has already been filed in this case. Upon query that whether charge has been framed or not, learned counsel for the petitioner has shown his inability.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner at present since he has caught by the police with theft Bolero vehicle.

The petitioner may renew his prayer for bail after framing of charge before the Trial Court and Trial Court shall release him on bail imposing its own conditions, so that he shall not evade during trial.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) ravishankar/- U T