Kuldeep Yadav @ Kuladeep Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86207 of 2024 Arising Out of PS. Case No.-104 Year-2024 Thana- SINDHUGAR District- Gaya ====================================================== Kuldeep Yadav @ Kuladeep Yadav Son of Late Govind Yadav Resident of Village - Bhatgada, P.S. - Sindhugarh, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Javed Jafar Khan, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-12-2024 Heard learned counsel for the petitioner and Mr. Choubey Jawahar, learned APP for the State.

2.

The petitioner seeks bail in connection with Sindhugarh P.S. Case No. 104 of 2024 instituted for the offence under Sections 317(5) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

As per the FIR, the allegation against the petitioner is that he was caught red handed with three stolen motorcycles at his house, which were used for illegal transportation of illicit liquor.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 10-10-2024. Petitioner bears no criminal antecedent, as per disclosure made in

Patna High Court CR. MISC. No.86207 of 2024(2) dt.17-12-2024 2/2 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 named in the FIR, but only on the basis of suspicion. There is no compliance of Section 103 of the BNSS, 2023. Recovery is made from joint house of the petitioner, where other family members also resides.

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 and period of custody of the petitioner, 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 Sindhugarh P.S. Case No. 104 of 2024.

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