Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35520 of 2025 Arising Out of PS. Case No.-43 Year-2024 Thana- LADAIYATAR District- Munger ====================================================== Prakash Yadav S/o Jago Yadav R/o Village- Birajpur (Pokharaiya), P.S.- Laraiyatad, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Kamal Nayan, Advocate For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 09-07-2025 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Laraiyatad P.S.Case No.43 of 2024 registered for the offences punishable under Sections 379 and 414 of the Indian Penal Code .

3. As per the allegation made in the FIR, after receiving the secret information, the Police conducted raid in three houses of the accused persons including the petitioner and the stolen motorcycles were recovered in course of the said raid.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent. At the time when the raid was conducted, the petitioner was not present in his house. Allegedly, one stolen was recovered from the house

Patna High Court CR. MISC. No.35520 of 2025(2) dt.09-07-2025 2/3 of the petitioner but the seizure list has not been handed over to the family members of the petitioner. Learned counsel further submitted that the petitioner has not been arrested at the spot and his name has surfaced on the basis of confessional statement of the co-accused.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties, as well as, considering the fact that the petitioner has not been arrested at the spot and his name has surfaced only on the basis of confessional statement of the coaccused, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned district court within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ms. Shikha Kumari, J.M. 1st Class, Munger/concerned court, in connection with Laraiyatad P.S.Case No.43 of 2024, subject to conditions as laid down under Section 482(2) of BNSS of 2023

7. The learned district court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been

Patna High Court CR. MISC. No.35520 of 2025(2) dt.09-07-2025 3/3 stated in paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) chn/- U T