Uday Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46105 of 2025 Arising Out of PS. Case No.-12 Year-2019 Thana- GANDHIMAIDAN District- Patna ====================================================== Uday Kumar Yadav S/o- Bombay Rai R/o Village- Bahadurpur Bazar Samiti Road PS-Bahadurpur Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Khushi Awadh, Advocate For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-07-2025 Heard Ms.Khushi Awadh, learned counsel for the petitioners and Mr.Mukesh Kumar Singh, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Gandhi Maidan P.S.Case No.12 of 2019,FIR dated 03.01.2019 registered for the offences punishable under Section 379 of IPC.

3.Allegation against the petitioner is that he in collusion with the co-ordinator Munna Sharma has made the theft of the motorcycle of the informant.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent. The allegation as alleged in the FIR is false and fabricated. In fact the petitioner is the Manager of the Nagar Nigam Stand situated near the Children Park and

Patna High Court CR. MISC. No.46105 of 2025(2) dt.31-07-2025 2/3 on the sole ground the petitioner has been made accused in the present case by the informant. In fact the said stand run and managed by co-accused person, namely, Munna Sharma and petitioner has no role at all in the present occurrence and he has been made accused in the present case merely on the ground that he is the Manager of the Stand in question.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts, petitioner has clean antecedent and he has been made accused in the present case merely on the ground that he is the Manager of the Stand in question from which the motorcycle of the informant was stolen, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Patna in connection with Gandhi Maidan P.S.Case No.12 of 2019,subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of BNSS,2023 and with other following conditions:-

Patna High Court CR. MISC. No.46105 of 2025(2) dt.31-07-2025 3/3 (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his/her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T