Ranjan Yadav @ Rajan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.822 of 2022 Arising Out of PS. Case No.-133 Year-2021 Thana- DIGHA District- Patna ====================================================== RANJAN YADAV @ RAJAN YADAV SON OF AWDHESH YADAV R/O VILLAGE / MOHALLA - NAYA TOLA, JURABGANJ P.S.- KODHA, DIST- KATIHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Ram Anurag Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offence punishable under Section 379 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 26.08.2021, charge-sheet has been submitted and has antecedent of four cases.

The informant alleges that on 24.02.2021, at about 07:30 p.m. he parked his motorcycle in front of his house and thereafter came back at about 08:30 p.m. then he did not find his motorcycle and, thus, alleges that the motorcycle was stolen by unknown thieves. Learned counsel for the petitioner submits that the petitioner was arrested in Hajipur Town P.S. Case No. 214 of 2021

Patna High Court CR. MISC. No.822 of 2022(2) dt.23-05-2022 2/2 and was made to confess his participation in the present occurrence and, thereafter, the police also falsely shown recovery from the possession the petitioner. Learned counsel further submits that it absolutely does not stand to reason that the petitioner in custody would have confessed and, thereafter, the motorcycle would have been recovered. Learned counsel also submits that the motorcycle was recovered earlier from some other unknown thieves and the petitioner was made a scapegoat when he came to be arrested in Hajipur Town P.S. Case No. 214 of 2021.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 26.08.2021, charge-sheet has been submitted, name of the petitioner transpired in his own confessional statement in custody and nothing was recovered from the possession of the petitioner, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Digha P.S. Case No. 133 of 2021, subject to the condition that one of the bailors of the petitioner shall be his father (Awdhesh Yadav).

(Satyavrat Verma, J) Kundan/- U T