Dhiraj Yadav @ Dhiraj Kumar @ Dhiraj Kr. Yadava v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36812 of 2025 Arising Out of PS. Case No.-278 Year-2024 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== Dhiraj Yadav @ Dhiraj Kumar @ Dhiraj Kr. Yadava S/O Dina Yadav R/o Village- Karuaganj, P.S.- Alamnagar, District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pawan Kumar, Adv.
For the Opposite Party/s :
Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Udakishunganj P.S. Case No. 278 of 2024 instituted for the offences under Section 309(4) of the B.N.S., 2023.
3. As per prosecution case, three miscreants ridden on the motorcycle are alleged to have snatched Rs. 1,19,288/- kept in the dickey of motorcycle at gunpoint and stole Vikash Kumar's Redmi mobile and Redmi phone from the pocket of field worker Ruepsh Kumar.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case.
Patna High Court CR. MISC. No.36812 of 2025(2) dt.20-06-2025 2/3 The petitioner is not named in the F.I.R. as the same has been lodged against the unknown miscreants. The name of the petitioiner has transpired in this case in course of investigation on the basis of the confessional statement of the co-accused Ajay Yadav and Sanjeet Yadav which has no evidentiary value in the eye of law. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has not been put on Test Identification Parade till today. In course of investigation, nothing adverse has come against the petitioner suggesting his complicity in the alleged occurrence. Except confessional statement of the coaccused Sanjeet Yadav and Ajay Yadav, there is nothing against the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has two criminal antecedents and is languishing in judicial custody since 03.01.2025 without any rhymes or reason. Charge-sheet has been submitted in this case.
5. Learned counsel for the petitioner again submits that the co-accused namely Sanjeet Yadav and Ajay Yadav have been granted bail by this Court vide orders dated 22.03.2025 and 10.04.2025 passed in Cr. Misc. Nos. 14787 of 2025 and 19802 of 2025 respectively.
6. On the other hand, learned A.P.P. for the State has
Patna High Court CR. MISC. No.36812 of 2025(2) dt.20-06-2025 3/3 vehemently opposed the prayer for grant of bail to the petitioner.
7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Udakishunganj P.S. Case No. 278 of 2024.
(Rudra Prakash Mishra, J) rishi/- U T