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2025 DAILYLAW 24696 (PAT)

Durgesh Kumar Yadav @ Durgesh Kumar @ Durgesh Yadav v. The State of Bihar

CR. MISC./15912/2025 · 2025-04-19

Chandra Prakash Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15912 of 2025 Arising Out of PS. Case No.-76 Year-2024 Thana- Sonki District- Darbhanga ====================================================== Durgesh Kumar Yadav @ Durgesh Kumar @ Durgesh Yadav Son of Ramudgar Yadav, R/o Village- Baur, P.S.- Ghanshyampur, Distt.-Darbhanga. ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Girish Chandra Jha, Advocate For the Opposite Party : Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 19-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner has preferred this application for grant of regular bail in connection with Sonaki P.S. Case No. 76 of 2024, dated 02.10.2024 registered for the offence punishable under Section 309(4) of the B.N.S.,2023. 3. As per the prosecution case, while the informant was on his way to Darbhanga on his motorcycle, three persons on a motorcycle intercepted him and on gun point they looted his motorcycle. 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that petitioner is not named in the FIR and his name transpired on the basis of confessional Patna High Court CR. MISC. No.15912 of 2025(2) dt.19-04-2025 2/2 statement of co-accused Brajesh Kumar. He has further submitted that in fact, co-accused Brajesh Kumar and Raman Kumar came at the house of the petitioner and took Rs. 11,000/- (Rupees eleven thousand only) from him and as an assurance they let him keep the motorcycle in question and petitioner was unaware of the fact that motorcycle in question was stolen. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. The petitioner is in custody since 03.11.2024. 5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. 6. Considering the aforesaid facts and circumstances of the case as well as petitioner’s period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail- bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Darbhanga, in connection with Sonaki P.S. Case No. 76 of 2024. 7. The application stands allowed. Shahnawaz/- (Chandra Prakash Singh, J) U T