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Patna High CourtCR. MISC./68516/2025bail granted

Kanchan Yadav v. The State Of Bihar

2025-09-23Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68516 of 2025 Arising Out of PS. Case No.-180 Year-2025 Thana- PATNA CITY CHOWK District- Patna ====================================================== Kanchan Yadav S/o Late Jawahar Gope R/o Village- Mangal Talab, Dirapar, In-front of the premises of Electricity Office, P.S.- Chowk, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyamal Prakash, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Chowk P.S. Case No. 180 of 2025, instituted for the offences punishable under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 and later on Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 was added.

3. The prosecution case, in short, is that co-accused Aditya Raj was caught by the police while stealing motorcycle of the informant from Railway Station.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious

Patna High Court CR. MISC. No.68516 of 2025(2) dt.23-09-2025 2/2 possession of the petitioner. Learned counsel for 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, Aditya Raj and the same has got no evidentiary value. It is further submitted that the petitioner was neither arrested nor present on the spot. The petitioner is in custody since 11.05.2025 and has got no criminal antecedent.

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 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 Chowk P.S. Case No. 180 of 2025.

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