Rama Yadav @ Ramakant Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2096 of 2023 Arising Out of PS. Case No.-285 Year-2021 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== RAMA YADAV @ RAMAKANT YADAV S/o Lallan Yadav Resident Of Village- Nipran, P.S.- Durgawati, Distt- Kaimur At Bhabhua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar Pandey For the Opposite Party/s :

Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-02-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under sections 461, 379 of the Indian Penal Code.

As per allegation, some unknown persons stole tractor, motorcycle and electric motor from the garage of the informant but in course of its search the informant got to know that the petitioner alongwith co-accused persons have committed theft of the aforesaid vehicles.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place.

Patna High Court CR. MISC. No.2096 of 2023(2) dt.09-02-2023 2/3 The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner and the informant are agnates and some dispute is going between both the parties with respect to the partition. It is further submitted that the garage was situated in the land and from the land owner the petitioner negotiate to purchase the said land due to which the petitioner has been implicated in the present case. He further submits that no incriminating articles has been recovered from the physical conscious possession of the petitioner or from the house of the petitioner. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Durgawati P.S.

Patna High Court CR. MISC. No.2096 of 2023(2) dt.09-02-2023 3/3 Case No.285 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T