This order grants bail to Ajay Yadav in a case relating to the recovery of a stolen motorcycle. The Court inclined to grant bail considering the period of custody and parity with a co-accused already released.
Petitioner released on bail with ₹10,000 bond and two sureties of ₹10,000 each in accordance with conditions printed in the order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.77753 of 2023
Arising Out of PS. Case No.-453 Year-2022 Thana- KUCHAIKOTE District- Gopalganj
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Ajay Yadav Son Of Sheshnath Yadav R/O Village- Balua Tola Bakhri, P.S.Kuchaikote, District- Gopalganj, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance : For the Petitioner : Mr. Sumit Kumar, Advocate For the State : Mr. Rabindra Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA
ORAL ORDER
2 05-12-2023
Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Kuchaikote P.S. Case No. 453 of 2022 instituted for the offence under Sections 414/34 of the Indian Penal Code.
3. As per the prosecution case, on an information having been received and raid being conducted, it is stated that a stolen motorcycle was recovered from the house of the petitioner.
4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 09-06-2023. Petitioner
Patna High Court CR. MISC. No.77753 of 2023(2) dt.05-12-2023 2/3
bears one criminal antecedents.
5. It has been further submitted by the petitioner’s counsel that petitioner has been falsely implicated in the present case. There is no recovery of incriminating article from the possession of the petitioner. Other co-accused person has been granted bail by Co-ordinate Bench of this Court vide order dated 29-04-2023 passed in Cr. Misc. No. 356 of 2023.
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, period of custody of the petitioner and claim based on parity, 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 Kuchaikote P.S. Case No. 453 of 2022 subject to the following conditions:
(I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on
Patna High Court CR. MISC. No.77753 of 2023(2) dt.05-12-2023 3/3
two consecutive dates, the Trial Court will have liberty to
cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/- U T
1 issue framed by the court
Whether the petitioner should be granted bail in the custody he has endured since 09-06-2023 in connection with the case under Sections 414/34 of the Indian Penal Code.
Ajay Yadav
The State of Bihar
Rudra Prakash Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
