Yashwant Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43778 of 2024 Arising Out of PS. Case No.-7 Year-2019 Thana- MEHSI District- East Champaran ====================================================== Yashwant Rai S/o Hari Yadav @ Hari Ray R/o Village-Maulanapur (Madhopur), P.S.-Rajepur, District-East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Adv For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Mehsi P.S. Case No. 07 of 2019 dated 06.01.2019 registered for the offences punishable u/s 392 of the Indian Penal Code.
3. As per the prosecution case, unknown miscreants are alleged to have taken away the tractor of the informant loaded with iron rod.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has transpired in this case on the basis of confessional statement of the co-accused Ajay Kumar and Mithu Kumar. No T.I.P has been conducted by the prosecution. There
Patna High Court CR. MISC. No.43778 of 2024(2) dt.08-07-2024 2/2 is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 02.07.2024 passed in Cr. Misc. No. 43144 of 2024. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 13.03.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, in connection with Mehsi P.S. Case No. 07 of 2019.
7. The application stands allowed.
(Chandra Prakash Singh, J) Jyoti/- U T