Chhotelal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71634 of 2025 Arising Out of PS. Case No.-226 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== Chhotelal Yadav S/O Vishwanath Ray R/O Village- Godhiya, P.S.- Lakhaura, District- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ramashankar Paswan S/O Late Rudal Hazra R/O Vill.- Chiraiya Kothi, P.s.- Chiraiya, Dist.- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Chiraiya P.S. Case No. 226 of 2023, instituted for the offences punishable under Section 392 of the Indian Penal Code.

3. The prosecution case, in short, is that the informant, who is vendor of 'Mirpur Rural Distribution Agency' was going to distribute gas cylinders on his vehicle, and in the meantime, he was accosted by three persons, who, on the point of pistol, looted Rs. 19,840/- and mobile phone of the informant and fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.71634 of 2025(2) dt.10-10-2025 2/3 present case. Charge-sheet has been submitted in this case as also cognizance has already been taken against the petitioner by the learned Court below. No incriminating material has been recovered from the conscious 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, Vicky Tiwari and the same has got no evidentiary value. It is next submitted that no specific allegation has been attributed against the petitioner rather the same is general and omnibus in nature. The petitioner is in custody since 14.11.2024 and has got two criminal antecedents in which he is on bail. Learned counsel for the petitioner further submits that other co-accused has been granted regular bail by this Court vide order dated 01.07.2025 passed in Cr. Misc. No. 43176 of 2025.

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.

Patna High Court CR. MISC. No.71634 of 2025(2) dt.10-10-2025 3/3

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 Chiraiya P.S. Case No. 226 of 2023.

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