Amit Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48558 of 2025 Arising Out of PS. Case No.-473 Year-2024 Thana- BAHERA District- Darbhanga ====================================================== Amit Kumar Yadav S/o Arun Yadav R/o Village- Sohas, PS- Bisfi (Patauna), District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bahera P.S. Case No. 473 of 2024, G.R. No. 488 of 2024 instituted for the offences under Sections 331(4), 305(1) of Bharatiya Nyaya Sanhita, 2023.

3.

Prosecution case, in short, is that in the night of 910.12.2024, unknown persons entered the house of the informant and committed theft of jewellery worth Rs. 4 lakhs. 4.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of

Patna High Court CR. MISC. No.48558 of 2025(3) dt.03-09-2025 2/3 co-accused Mangal Sah. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the stolen articles. It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.12.2024 and has five criminal antecedents. Other co-accused has been granted bail by this Court vide order dated 05-08-2025, passed in Cr. Misc. No. 49826 of 2025.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bahera P.S. Case No. 473 of 2024, G.R. No. 488 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.48558 of 2025(3) dt.03-09-2025 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) 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.

(Rudra Prakash Mishra, J) Raj Kishore/- U T