Ajay Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86413 of 2024 Arising Out of PS. Case No.-101 Year-2015 Thana- PAKRIDAYAL District- East Champaran ====================================================== Ajay Kumar Yadav Son of Benilal Ray @ Bunilal Resident of Village - Jitaura, P.S. - Madhuban, District - East Champaran, Motihari ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sharda Nand Mishra For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Pakaridayal P.S. Case No. 101/2015 dated 19.07.2015 registered for the offence punishable u/ss 414, 420, 467, 468, 471, 474 and 212 of the Indian Penal Code.
3. As per the prosecution case, the co-accused person was apprehended by the police who disclosed that he is involved in selling of the stolen cars and he has sold two stolen vehicles to one Santosh Kumar and one stolen vehicle (tavera) to Chakradhari Ram. Further, he disclosed that he has sold one stolen Indica Vesta to the petitioner, one stolen Indigo ECS to
Patna High Court CR. MISC. No.86413 of 2024(2) dt.18-01-2025 2/3 Ram Balak Mahto and one stolen four wheeler to Prem Bhagat. The co-accused person has further disclosed that he knows the houses of the purchasers of the stolen vehicle. Thereafter, raid was conducted and a Scorpio and Swift car were recovered from the house of Santosh Kumar, one four wheeler was recovered from the door of Chakradhari Ram and when the police reached at the house of Abhay Yadav (brother of the petitioner) the vehicle was not available there, hence, he was directed to produce the stolen vehicle at Police Station. Thereafter, stolen Indigo ECS was recovered from Ram Balak Kushwaha at Jitna Chowk. Thereafter, the informant went to Police Station with arrested accused persons and recovered stolen vehicles and seizure lists have been prepared.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the dealing of stolen vehicles and the co-accused Jitendra @ Jhonny who was apprehended on the spot. The petitioner has two antecedents and he is on bail in both the aforesaid cases as stated in para 3 of the bail petition. The petitioner is in custody since 01.10.2024.
Patna High Court CR. MISC. No.86413 of 2024(2) dt.18-01-2025 3/3
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the stolen vehicle was recovered from the house of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari in connection with Pakaridayal P.S. Case No. 101/2015.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T