Raju Kumar @ Raju Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56967 of 2024 Arising Out of PS. Case No.-722 Year-2023 Thana- BELAGANJ District- Gaya ====================================================== Raju Kumar @ Raju Yadav S/o Naresh Yadav @ Ram Naresh Yadav Resident of village Dallee Bigha @ Dulli Bigha, Police station Belganj, District Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shanker Pankaj, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Belaganj P.S. Case No. 722 of 2023, instituted for the offences punishable under Section 392 of the Indian Penal Code and later on Section 414 was added.

3. The prosecution case, in short, is that, three unknown miscreants stopped the informant, snatched his motorcycle and mobile phone on gun point and fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submitted that the stolen motorcycle has been recovered

Patna High Court CR. MISC. No.56967 of 2024(2) dt.21-08-2024 2/2 from the house of the petitioner. The petitioner is purchaser of stolen motorcycle and he has got no knowledge that the same is a stolen one. The petitioner is neither named in the FIR nor arrested on the spot. Name of the petitioner has transpired on the basis of confessional statement of co-accused person mentioning that he has sold the motorcycle to the petitioner. The petitioner has been remanded in this case on 22.12.2023 and has got two criminal antecedents in which he is on bail.

5. Learned APP 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 and taking into account 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 on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Belaganj P.S. Case No. 722 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T