Dhiraj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41038 of 2020 Arising Out of PS. Case No.-442 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== Dhiraj Yadav Son of late Kailash Yadav Resident of Village- Chhawani, Ahir Toli (Behind the Petrol Pump), P.S. Bettiah Town (Kalibag) District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Adv.

For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-03-2021 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Mufassil P.S. Case no. 442 of 2020 registered under sections 379, 413 and 414 of the Indian Penal Code.

As per allegation in the F.I.R., while three persons made an attempt to steal the motorcycle of the informant, it is stated that the petitioner was caught with the motorcycle. It is submitted by learned counsel for the petitioner that the allegation as levelled in the F.I.R. are false and concocted. He was a victim of mistaken identity. He is in custody since 20.7.2020 i.e more than 7 months. He has no

Patna High Court CR. MISC. No.41038 of 2020(2) dt.10-03-2021 2/2 criminal antecedent.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the period in custody together with the petitioner not having any criminal antecedent, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Mufassil P.S. Case no. 442 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran at Bettiah.

(Partha Sarthy, J) Bibhash/- U T