Dharmendar Yadav @ Billa @ Dharmendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78724 of 2024 Arising Out of PS. Case No.-61 Year-2024 Thana- BISHUNPUR District- Darbhanga ====================================================== Dharmendar Yadav @ Billa @ Dharmendra Yadav S/O Shambhu Yadav Resident Of Village- Chatra, Police Station- Keoti, 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 11-11-2024 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 offence under Section 392 of the Indian Penal Code.

3.

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

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.78724 of 2024(2) dt.11-11-2024 2/3 that the petitioner is in custody since 16-06-2024. Petitioner bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, namely, Mahesh Yadav, who has been granted bail by this Court vide order dated 28-10-2024, passed in Cr. Misc. No. 77954 of 2024. Nothing has been recovered from the possession of the petitioner. Petitioner has got no concern with the stolen articles. Charge sheet has been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, claim based on parity and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

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

Patna High Court CR. MISC. No.78724 of 2024(2) dt.11-11-2024 3/3 (Bishunpur Chowk) P.S. Case No. 61 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T