Rahul Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42268 of 2024 Arising Out of PS. Case No.-59 Year-2024 Thana- SAKRI District- Madhubani ====================================================== Rahul Kumar Yadav Son of Ramdev Yadav Village- Sakri Yadav Tol, PsSakri, Dist- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gagandeo Yadav, Advocate :
Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Sakari P.S. Case No. 59 of 2024 instituted for the offences under Section 392 of the Indian Penal Code.
3. Prosecution case, in short, is that, three unknown miscreants snatched the bag and scooty of the informant and fled away. It is further alleged that the bag contained Rs. 70,000/- cash, shop key, Aadhaar Card and other relevant document.
Patna High Court CR. MISC. No.42268 of 2024(3) dt.23-10-2024 2/3
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case during investigation on the basis of CDR. No incriminating/looted article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the looted bag or vehicle. It has been submitted on behalf of the petitioner that the petitioner is in custody since 31.03.2024 and has one criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP referring to paragraph nos. 30, 37 and 42 of the case diary submitted that there is active participation of this petitioner in the alleged incident.
6. Considering the aforesaid facts and circumstances of the case and the fact that there being no recovery of looted articles from the petitioner as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of
Patna High Court CR. MISC. No.42268 of 2024(3) dt.23-10-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Sakari P.S. Case No. 59 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T