Deepak Yadav @ Dipak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44321 of 2025 Arising Out of PS. Case No.-169 Year-2024 Thana- BAISI District- Purnia ====================================================== Deepak Yadav @ Dipak Yadav, son of Late Mahesh Yadav Village -Naya Tola Jurabganj PS- Korha, Distt- katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Khushi Awadh, Adv.

For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Baisi P.S. Case No. 169 of 2024 dated 04.07.2024 registered for the offence punishable under section 303(2) of the Bharatiya Nyaya Sanhita.

3. As per the prosecution story, on 04.07.2024 at about 12:00 P.M., the informant along with his wife went to Baisi Court related to a case by his motorcycle Super Splendor bearing registration No. BR11AJ9179 and the said motorcycle was parked before the SDO court, Baisi. It is further alleged that at about 1:00 P.M., when the informant returned to the parking place, he found that his motorcycle had been stolen.

4. The main submissions advanced by petitioner's counsel are that the petitioner has been languishing in jail since 07.01.2025, he has been made accused in the present matter mainly on the basis of his statement which is said to have been recorded

Patna High Court CR. MISC. No.44321 of 2025(2) dt.28-07-2025 2/2 by him in another P.S. case and the FIR has been registered against unknown. It is further submitted that the instant matter relates to theft of motorcycle of the informant and the alleged offence is triable by the court of Magistrate.

5. Learned APP for the State has opposed the prayer of the petitioner.

6. Heard both the sides and perused the FIR and the trial court's order. The petitioner has remained accused in 10 criminal cases in addition to the FIR of the present matter, of which details have been given by the petitioner in paragraph No. 3 of this petition and as per the trial court's order, the stolen motorcycle was recovered from the possession of this petitioner, though for that recovery the petitioner is facing another criminal case, however, considering the recovery of the theft article of the present case and mainly petitioner's criminal antecedents of 10 cases, this Court is not inclined to release him on bail at this stage. Accordingly, his prayer is rejected.

7. However, the trial court is directed to expedite the trial of the petitioner and take steps to conclude the same at the earliest.

(Shailendra Singh, J) annu/- U T