Mrinal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64357 of 2022 Arising Out of PS. Case No.-270 Year-2022 Thana- SULTANGANJ District- Bhagalpur ====================================================== Mrinal Yadav Son Of Dular Chand Yadav R/O Mirja Chouki, P.S.- Mirja Chouki, Distt.- Sahebganj, Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-02-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Sultanganj P.S. Case No. 270 of 2022 registered for the offence under Sections 379 and 411 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 11.08.2022.

The allegation against the petitioner is to commit theft, along with other co-accused persons, where 10 Quintal

Patna High Court CR. MISC. No.64357 of 2022(2) dt.21-02-2023 2/3 iron rod (sariya), one channel, one bundle PVC Pipe and three

(3) pieces of Pro Jack were seized from the possession of coaccused person including the petitioner. Learned counsel appearing on behalf of the petitioner submitted that arrest of petitioner was made by the informant, who is private person, merely on the basis of suspicion as he was found standing nearby the seized goods. It is submitted that nothing surfaced, during the course of investigation, which may connect the petitioner with the present set of occurrence of theft. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation of this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP opposes the prayer of bail.

In view of the facts and circumstances as mentioned above, as arrest of petitioner was made by private person coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Sultanganj P.S. Case No. 270 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st,

Patna High Court CR. MISC. No.64357 of 2022(2) dt.21-02-2023 3/3 Bhagalpur/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) R.S.Sen/- U T