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Patna High CourtCR. MISC./80547/2024allowed

Anil Yadav v. The State Of Bihar

2024-12-20Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80547 of 2024 Arising Out of PS. Case No.-428 Year-2021 Thana- BAHADURPUR District- Darbhanga ====================================================== Anil Yadav S/O Mahesh Yadav R/O Village- Ganj Chhipliya Near Milki Chowk, P.S- Bahadurpur, Distt.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Girish Chandra Jha For the Opposite Party/s :

Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 379 of the Indian Penal Code.

3. Earlier the prayer for anticipatory bail the petitioner was rejected by this Court vide order dated 24.04.2024 and 07.08.2024, passed in Cr. Misc. No.23891 of 2024 and Cr. Misc. No. 51047 of 2024 respectively.

4. As per the prosecution case, in brief, is that on 20.08.2021 at 11:00 AM, informant parked his Splendor motorcycle in front of house of one Mithilesh Das @ Mahanth Jee and went to his house to take meal, but when he returned back he found his motorcycle missing.

5. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite

Patna High Court CR. MISC. No.80547 of 2024(2) dt.20-12-2024 2/2 innocent and has been falsely implicated in this case. He submits that the petitioner is not named in the FIR. His name has been transpired in the present case merely on suspicion. The petitioner has one criminal antecedent and has been languishing in custody since 18.09.2024.

6. Learned APP for the State opposed the bail petition.

7. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bahadurpur P.S. Case No.428 of 2021, subject to the further condition that petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the learned Trial Court.

(Anjani Kumar Sharan, J) anand/- U T