Amit Kumar Yadav @ Amit Kumar @ Amit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61435 of 2025 Arising Out of PS. Case No.-418 Year-2024 Thana- BAHERA District- Darbhanga ====================================================== Amit Kumar Yadav @ Amit Kumar @ Amit Yadav S/o Arun Yadav R/o Village- Sohash, P.S.- Bisfi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bahera P.S. Case No. 418 of 2024, instituted for the offences punishable under Sections 331(4) and 305(a) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that some unknown persons committed theft in the house of informant's uncle and looted Rs. 15,000/- along with other articles.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for

Patna High Court CR. MISC. No.61435 of 2025(2) dt.04-09-2025 2/3 the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused, namely, Mangal Sah in Bahera P.S. Case No. 499 of 2024 and the same has got no evidentiary value. It is further submitted that no T.I. parade has been conducted in this case. The petitioner is in custody since 02.04.2025 and has got five criminal antecedents in which he is on bail in two cases.

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 after framing of charge, if not already framed on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bahera P.S. Case No. 418 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.61435 of 2025(2) dt.04-09-2025 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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