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2026 DAILYLAW 30744 (PAT)

Shyambabu Rai @ Shyambabu Yadav v. The State of Bihar

CR. MISC./4946/2026 · 2026-02-04

Ashok Kumar Pandey

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4946 of 2026 Arising Out of PS. Case No.-438 Year-2022 Thana- KOTWA District- East Champaran ====================================================== Shyambabu Rai @ Shyambabu Yadav Dharmdev Rai @ Dharmdev Yadav R/o Vill. - Dhangaraha, P.S. - Durariya, District - East champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 04-02-2026 Heard Mr. Manoj Kumar, learned counsel for the petitioner and Mr. Ashok Kumar Singh, learned APP for the State. 2. The petitioner has prayed for bail in connection with Kotwa P.S. Case No. 438 of 2022 registered for the offence punishable under Sections 411, 467, 468, 471, 420/34 of the Indian Penal Code. 3. The case of the prosecution in short is that the co- accused, namely, Jhunnu Singh, has disclosed the role of this petitioner that he punches the engine of the stolen bike and also prepares duplicate documents. 4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this Patna High Court CR. MISC. No.4946 of 2026(2) dt.04-02-2026 2/3 case. Learned counsel for the petitioner submits that nothing has been recovered from the possession of this petitioner. The name of this petitioner has surfaced only in the confessional statement of the co-accused, namely, Jhunnu Singh. He also submits that from perusal of the order of the learned trial court, it will transpire that the learned trial court has recorded that as para 5 of the supplementary case diary, the engine number and chassis number of the motorcycle seized in this case was not matched as per the DTO report, and the owner of the seized vehicle, Ashok Pal, stated that his motorcycle is parked at his house. This shows that the allegation that the petitioner punched the chassis number of the stolen bike is not substantiated. He further submits that a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 20.10.2025. 5. The application for bail is opposed by learned APP for the State. 6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties Patna High Court CR. MISC. No.4946 of 2026(2) dt.04-02-2026 3/3 of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari at Kotwa in connection with Kotwa P.S. Case No. 438 of 2022. Sudhanshu/- (Ashok Kumar Pandey, J) U T