Rakesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61799 of 2024 Arising Out of PS. Case No.-480 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== Rakesh Yadav, aged about 24 years, (male), Son of Jhunu Yadav, Resident of Village- Majhaua, P.S.- Ara Town, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhirendra Singh, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 25-09-2024 Heard Mr. Dhirendra Singh, learned counsel appearing on behalf of the petitioner and Mr. Anant Kumar 1, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Barhara P.S. Case No. 480 of 2023, registered for the offence punishable under Sections 414/34 of the Indian Penal Code.

3. As per the allegation made in the FIR, petitioner along with other accused persons had allegedly stolen the motorcycle bearing Chassis No. ME4JC36JMC7278124 and Engine No. JC36E7425445.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. Learned counsel further

Patna High Court CR. MISC. No.61799 of 2024(2) dt.25-09-2024 2/3 submitted that the name of the petitioner has transpired on the basis of confessional statement of co-accused, namely, Rahul Yadav, who was arrested on the spot along with the said motorcycle, in police custody and such statement has no evidentiary value in the eye of law. No FIR has been lodged with respect to the theft of the said motorcycle. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made in the FIR against the petitioner, as well as, the fact that the name of the petitioner has transpired on the basis of confessional statement made by co-accused, namely, Rahul Yadav, who was arrested on the spot along with the stolen motorcycle and the petitioner has clean antecedent, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/-

Patna High Court CR. MISC. No.61799 of 2024(2) dt.25-09-2024 3/3 (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur, Ara, in connection with Barhara P.S. Case No. 480 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

8. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T