Rohit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86732 of 2024 Arising Out of PS. Case No.-96 Year-2024 Thana- VIJAYEPUR District- Gopalganj ====================================================== Rohit Yadav S/o Vishwakarma Yadav R/o Village- Kawala Chak, PS - Vijaypur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Naresh Prasad, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-01-2025

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for bail apprehending his arrest in connection with Vijaypur P.S. Case no.96 of 2024 registered for the offence punishable under sections 414 and 34 of the Indian Penal Code.

3. As per the prosecution case, while one accused person was arrested with two motorcycles, two persons managed to escape. It is stated that the person who was arrested namely Rajesh Yadav disclosed the petitioner to be amongst the two co-accused who had managed to escape. He further disclosed that accused persons were involved in theft of motorcycle.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. Referring to the contents of the FIR as also the order of the learned trial

Patna High Court CR. MISC. No.86732 of 2024(2) dt.03-01-2025 2/2 Court, it is submitted that no material has transpired against the petitioner except the statement of a co-accused made before police. No incriminating article has been recovered from the petitioner's possession who has no criminal antecedent and undertakes to cooperate in the investigation.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the name of the petitioner transpiring in the statement of a co-accused made before police, no incriminating article having been recovered from the petitioner's possession and specially the petitioner not having any criminal antecedent, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Vijaypur P.S. Case no.96 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate XIV, Gopalganj.

(Partha Sarthy, J) Saurabh/- U T