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Patna High CourtCR. MISC./53869/2025bail granted

Chandramani Yadav @ Chandan v. The State Of Bihar

2025-10-17Mr. Justice Shailendra Singh4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53786 of 2025 Arising Out of PS. Case No.-79 Year-2025 Thana- Sonki District- Darbhanga ====================================================== ARUN YADAV @ MISS CALL S/O Suresh Yadav Resident of VillageBaasudevpur, Police Station- Sonki, District- Darbhnaga ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 53869 of 2025 Arising Out of PS. Case No.-79 Year-2025 Thana- Sonki District- Darbhanga ====================================================== 1.

CHANDRAMANI YADAV @ CHANDAN S/o- Late Rajendra Prasad Yadav Resident of Village- Basudevpur Police Station- Sonki DistrictDarbhanga 2.

Guddu Kumar Yadav S/o- Shayam Kishore Yadav Resident of VillageBasudevpur Police Station- Sonki District-Darbhanga 3.

Monu Kumar S/o- Amarnath Thakur Resident of Village- Sonki Police Station- Sonki District-Darbhanga ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 53786 of 2025) For the Petitioner/s :

Mr.Nilendu Kumar Choudhary, Adv For the Opposite Party/s :

Mr.Binod Kumar No.3, APP (In CRIMINAL MISCELLANEOUS No. 53869 of 2025) For the Petitioner/s :

Mr.Nilendu Kumar Choudhary, Adv.

For the Opposite Party/s :

Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-10-2025 Since both the bail petitions have arisen out of the same P.S. case, so, they are being decided by a common order.

2. Heard Mr. Nilendu Kumar Choudhary, learned counsel for the petitioners and Mr. Binod Kumar No.3, learned

2/4 APP for the State.

3. Petitioners seek regular bail in connection with Sonki P.S. Case No. 79/ 2025 dated 06.06.2025 registered for the offence(s) punishable under Sections 127(2), 126(2), 115(2), 308(5), 352 and section 3(5) of the BNS.

4. The main submissions advanced by the petitioners' counsel are that no such occurrence as alleged in the FIR took place, in fact the petitioner no. 3 of Cr. Misc. No. 53869 of 2025, Mounu Kumar went to a brick kiln where he parked his motorcycle and was working in a grill shop thereafter on that day at about 4.30 PM his motorcycle was stolen by some unknown thief and after some time his motorcycle bearing registration no. BR07BC-3828 was found being taken away by one Suraj Kumar Jha, who happens to be son of the informant of the present matter, and after the recovery of the motorcycle from the informant's son the same was handed over to the police for which Sonki P.S. Case No. 80/2025 was registered of which FIR's copy has been filed with this petition as Annexure-P/2 and further, the order of the trial court dated 30.06.2025 relating to Sonki P.S. Case No. 80/2025 clearly mentions that the said motorcycle was recovered from the possession of Suraj Kumar Jha and said order's copy has been filed with this petition as

3/4 Annexure-P/3 and in retaliation as well as for creating defense the FIR of the present matter was registered by the father of Suraj Kumar Jha and the allegation of extortion demand is completely unbelievable as according to the FIR, some part of the demanded money was forced to pay through scanner which does not take place ordinarily in the offence of extortion. It is lastly submitted that petitioners, Guddu Kumar and Monu Kumar have no criminal antecedent and petitioners, Chandramani Yadav @ Chandan and Arun Yadav @ Miss Call have criminal antecedent of one case in which they are on bail and all the petitioners have been languishing in jail since 07.06.2025 and against them, the investigation has been completed.

5. The learned APP appearing for the State has opposed the bail prayer of the petitioners.

6. Considering the above stated facts and taking into account the fact that the FIR relating to Sonki P.S. Case No. 80 of 2025 was lodged against the son of the informant in respect of theft of the motorcycle of petitioner, Monu Kumar and the same is alleged to have been recovered from the possession of the informant's son and in this regard, Annexure-P/3 is relevant, coupled with the completion of investigation against the

4/4 petitioners and their custody period, this court is inclined to release the petitioners on bail Accordingly, let the petitioners named-above be released on bail in connection with Sonki P.S. Case No. 79/ 2025 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) BKS/- U T