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Patna High CourtCR. MISC./51912/2022bail granted

Gaurav Kumar Yadav v. The State Of Bihar

2022-12-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51912 of 2022 Arising Out of PS. Case No.-103 Year-2022 Thana- KURSAILA District- Katihar ====================================================== Gaurav Kumar Yadav Son Of Umesh Yadav R/O Village- Kheriya Yadav Tola, P.S.- Kursela, District- Katihar ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Dilip Kumar, Advocate For the Opposite Party :

Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s) as pointed out by the office within a period of four weeks.

The petitioner seeks bail in a case registered under Sections-392 & 412 of the Indian Penal Code.

Prosecution case, in brief is that on 05-06-2022, the informant was going towards Kursela with his vehicle bearing registration No. BR01GL-2720, over which, vegetables were loaded. In the way, four miscreants arrived with another vehicle bearing its registration No. BR01GL-2729 intercepted the informant and took away the vehicle of informant as described in F.I.R.

Patna High Court CR. MISC. No.51912 of 2022(2) dt.16-12-2022 2/2 It has been submitted that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 06-06-2022. Charge sheet has already been submitted in this case. The petitioner is not named in the FIR. The name of the petitioner has transpired in the present case in course of investigation on the basis of recovery of the vehicle and cellphone in question. The petitioner has not been put on TIP. The petitioner had no knowledge that the vehicle and the cellphone in question were stolen property. On behalf of the State, it is submitted that the petitioner is not named in the FIR.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above, 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 Chief Judicial Magistrate, Katihar in connection with Kursela P.S. Case No. 103 of 2022.

(Sudhir Singh, J) A.K.V.//- U T