Brij Mohan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61886 of 2024 Arising Out of PS. Case No.-37 Year-2024 Thana- HATHAURI District- Samastipur ====================================================== Brij Mohan Yadav S/o- Ram Lakhan Yadav Moh- Bandhar Shiupur W.No-5, Ps- Hathauri Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Binode Bariar, Adv.

For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Hathauri P.S. Case No. 37 of 2024 registered under Section 379 of the Indian Penal Code.

3. It is alleged that this petitioner along with other named accused persons committed theft of truck of informant.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that the son of petitioner, namely, Deepak Kumar Yadav, is owner of the truck in question; in support thereof, registration certificate and insurance policy are annexed as Annexure -2 & 2/1 to the bail petition. As a matter of fact, informant took the truck of the son

Patna High Court CR. MISC. No.61886 of 2024(2) dt.17-09-2024 2/2 of petitioner on rent of Rs. 1,50,000/- per month, but for the last 2 months informant stopped paying rent, and on several demands informant did not make payment, then the son of petitioner demanded his truck from informant, thereafter this false and concocted case has been lodged. The truck in question still stands in the name of son of petitioner. Petitioner is PTC in Bihar Police who is posted at New Police Line, Munger.

5. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.

6. Having considered the aforesaid facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Samastipur in connection with Hathauri P.S. Case No. 37 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T