Raj Kishore Yadav @ Bhola Yadav @ Raj Kishore Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40906 of 2023 Arising Out of PS. Case No.-386 Year-2018 Thana- MASHRAK District- Saran ====================================================== RAJ KISHORE YADAV @ BHOLA YADAV @ RAJ KISHORE CHOUDHARY son of Hiraman Choudhary Village- Bohra Tola PsManjhagarh Dist- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Ranjan, Adv.
For the Opposite Party/s :
Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-09-2023 Heard Mr. Rajeev Ranjan, learned counsel for the petitioner and Mr. Khurshid Anwar, learned Additional Public Prosecutor for the State.
2. Petitioner renews his prayer for bail inasmuch as earlier on 20.04.2022 vide Cr. Misc. No. 41184/2021, seeing the non inclination of this Court, the petition for bail was withdrawn with a liberty to renew the same after four months. Hence, this is the second attempt for grant of regular bail on behalf of petitioner in connection with Mashrakh PS Case No. 386/2018 dated 12.11.2018 registered for the offence punishable under sections 394 of the IPC.
3. As per narration of the First Information Report, four unidentified miscreants looted away the pickup van bearing Registration No. BR 28L 9682 and mobile bearing no.
Patna High Court CR. MISC. No.40906 of 2023(5) dt.01-09-2023 2/3 7634908669 and also stabbed the informant due to which he received injury on his neck.
4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case on the basis of suspicion. He further submits that instant FIR has been lodged against unknown and name of petitioner has transpired in the present case on the basis of confessional statement of coaccused and no stolen article has been recovered from the conscious possession of the petitioner. He next submits that petitioner is in custody for the last three years i.e., since 04.09.2020.
5. Having regards to the submissions made by the parties, taking into consideration the material on record and the period of incarceration of petitioner being in custody since 16.10.2022, I am inclined to grant regular bail to the petitioner after the charge is framed in the matter.
6. Accordingly, let the petitioner, RAJ KISHORE YADAV @ BHOLA YADAV @ RAJ KISHORE CHOUDHARY be released on bail, after framing of charge, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief
Patna High Court CR. MISC. No.40906 of 2023(5) dt.01-09-2023 3/3 Judicial Magistrate, Saran at Chapra in connection with Mashrakh PS Case No. 386/2018.
(Anil Kumar Sinha, J) perwez U T