Surendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82228 of 2024 Arising Out of PS. Case No.-145 Year-2024 Thana- JHAJHA District- Jamui ====================================================== Surendra Yadav Son of Ramdev Yadav R/O Vill.- Pelwajan, P.S.- Sono, Dist.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 30-01-2025 Heard Mr. Anuj Kumar, learned counsel for the petitioner and Mr. Satyendra Prasad, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 392 and 411 of the Indian Penal Code.

3. The case of the prosecution is that the Informant is a E-Rickshaw driver and on the alleged date of occurrence at about 11:30 P.M. he was waiting for passengers in front of Jhajha railway station. In the meantime, three boys came to him and booked his E-rickshaw for travelling to village- Balio on rental amount of Rs. 180/-. It is further alleged that after taking all three boys in his E-rickshaw, the informant proceeded to Balio. Boys asked the informant to stop the E-rickshaw as they wanted to ease themselves. As soon as, he stopped the Erickshaw, the accused persons started to scuffle with him and further started assaulting him with fists and slaps. They also snatched his mobile phone. In the meantime, police party

Patna High Court CR. MISC. No.82228 of 2024(3) dt.30-01-2025 2/2 arrived there and on chase, one of the co-accused person apprehended, who disclosed his name as Mukesh Manjhi.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in connection with the present case. It is further submitted he was not apprehended on the spot rather his name has surfaced on the basis of the confessional statement of co-accused, Mukesh Manjhi. Moreover, the petitioner is languishing in judicial custody since 03.06.2024 having no criminal antecedent.

5. Learned APP appearing for the state has opposed the prayer of regular bail stating the petitioner is having criminal antecedent of five cases but he is on bail in all the cases.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jhajha P.S. Case No. 145 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui.

(Ashok Kumar Pandey, J) Jagdish/- U T