Ramprakash Yadav @ Ram Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 85940 of 2023 Arising Out of PS. Case No.-157 Year-2023 Thana- BAIRIYA District- West Champaran ====================================================== Ramprakash Yadav @ Ram Prakash Kumar Son Of Chandi Yadav Resident Of Village- Tadhawanandpur, Ps- Bairiya, Dist- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Bairiya P.S. Case No.157 of 2023, registered for the offences punishable under Section 413, 414 of the Indian Penal Code.
3. As per the prosecution case, the co-accused Angad Kumar has stolen the motor-cycle of the informant from Kisan Chaupal Meeting.
4. Learned counsel for the petitioner submits that petitioner was not named in the FIR and his name transpired in this case in the confessional statement of the co-accused Angad Kumar from whom stolen motor-cycle has been recovered. Nothing incriminating article has been recovered from the conscious possession of the petitioner and except the
Patna High Court CR. MISC. No. 85940 of 2023(2) dt.15-01-2024 2/3 confessional statement of co-accused, there is no material found against the petitioner. No TIP of the petitioner has been done. He is in custody since 29.08.2023. He further submits that petitioner has been falsely implicated due to his criminal antecedent. Similarly situated co-accused namely Angad Kumar has been granted bail by a Co-ordinate Bench of this Court vide order dated 08.01.2024 in Cr. Miscellaneous No. 65112 of 2023.
5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 157 of 2023, subject to the following conditions:- (I) One of the bailors shall be family member of the petitioner.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for
Patna High Court CR. MISC. No. 85940 of 2023(2) dt.15-01-2024 3/3 cancellation of bail by the learned Trial court itself. (Sunil Dutta Mishra, J) ravikr/- U T