Deepak Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1008 of 2025 Arising Out of PS. Case No.-363 Year-2023 Thana- BIRAUL District- Darbhanga ====================================================== Deepak Kumar Yadav Son of Kumar Yadav @ Kumhar Yadav Resident of Village- Kiratpur, P.S.- Jamalpur, Distt.- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Madhuwala Kumari For the Opposite Party/s :

Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Biraul P.S. Case No. 363/2023 registered for the offences punishable under Sections 379 of the Indian Penal Code.

3. As per prosecution case, informant's motorcycle has been taken away by some one and FIR has been lodged against unknown.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR and his name has been surfaced upon the confessional statement of co-accused Sunil Kumar Yadav, which is evident from the impugned order. He further submits that except confessional statement of co-

Patna High Court CR. MISC. No.1008 of 2025(2) dt.10-01-2025 2/3 accused, there is nothing on record to demonstrate the complicity of the present petitioner with the alleged occurrence. The petitioner is languishing in custody since 31.03.2024 and bears criminal antecedent of three cases. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has not been put on TIP uptill now. He further submits that charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence.

5. The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, period of custody, charge sheet has already been submitted in this case and there is no likelihood of tampering with the prosecution evidence and argument advanced on behalf of both sides and also taking into consideration the material available on record, 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 A.C.J.M., Darbhanga in connection with Biraul P.S. Case No. 363/2023, subject to following conditions:- (i) One of the bailors shall be either father or mother

Patna High Court CR. MISC. No.1008 of 2025(2) dt.10-01-2025 3/3 or sister or brother or wife or the person who has sworn the affidavit in bail application.

(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 cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkumar/- U T