Mahesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77954 of 2024 Arising Out of PS. Case No.-61 Year-2024 Thana- BISHUNPUR District- Darbhanga ====================================================== MAHESH YADAV S/o Satrudhan Yadav Resident of Village- Mustufapur, Police Station - Bisanpur, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Manoj Kumar., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bishanpur (Bishunpur Chowk) P.S. Case No. 61 of 2024 instituted for the offences under Section 392 of the Indian Penal Code.

3. Prosecution case, in short, is that when the informant was returning to his rented house, two miscreants boarded on a motorcycle, intercepted the informant and snatched the bag of jewellery, a mobile phone and cash amounting to Rs. 32,000/- on the point of pistol and fled away.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.77954 of 2024(2) dt.28-10-2024 2/2 Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused person. No incriminating/looted article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the stolen articles. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.07.2024 and has six criminal antecedents.

5. Learned A.P.P. 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 as also 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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bishanpur (Bishunpur Chowk) P.S. Case No. 61 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T