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Patna High CourtCR. MISC./64724/2025allowed

Suraj Yadav v. The State Of Bihar

2025-09-18Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64724 of 2025 Arising Out of PS. Case No.-94 Year-2025 Thana- BARARI District- Bhagalpur ====================================================== Suraj Yadav S/O Ganga Yadav @ Ganga Prasad Yadav R/O Village-Bari Khanjarpur, PS-Barari, Distt-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indeshwari Prasad Mandal, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-09-2025 Heard learned counsel for the petitioner and Mr. Murli Dhar, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 303(2) and 317(2) of the BNS.

3. The case of the prosecution is that a mobile of the informant was stolen which was recovered from the possession of this petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence, rather he has falsely been implication in this case. Learned counsel has further submitted that nothing has been recovered from the conscious possession of the petitioner. Petitioner and his family members had gone to attend a marriage ceremony in another village on 30.03.2025 and he returned on 02.04.2025. In the absence of the petitioner and his family members local anti-social elements kept the said mobile in his house and the same has been recovered by the police and the petitioner was arrested. Learned

Patna High Court CR. MISC. No.64724 of 2025(2) dt.18-09-2025 2/2 counsel has also submitted that the house from which the recovery has been made belongs to the grandfather of the petitioner and no liability could be fastened upon this petitioner for the recovery made from the joint house property. Learned counsel has submitted that the petitioner is in judicial custody since 02.04.2025.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer of bail to the petitioner and has submitted that the petitioner is having criminal antecedent of two cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Barari P.S. Case No. 94 of 2025 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur.

(Ashok Kumar Pandey, J) durgesh/- U T