Patna High CourtCR. MISC./10818/2019dismissed

Golu Yadav v. The State Of Bihar

2019-04-26Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10818 of 2019 Arising Out of PS. Case No.-49 Year-2018 Thana- KOTWALI District- Munger ====================================================== GOLU YADAV Son of Shankar Yadav R/o village- Dalhatta Bazar, P.SKotwali, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indu Bhushan For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-04-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Kotwali P.S.Case nO.49 of 2018 registered for offences punishable under Sections 457/380 of the Indian Penal Code. Allegation against the petitioner is of commission of theft in the house of the informant, petitioner is not named in the FIR and later on his name transpired on the confession as well as he is accused in two other cases also under Section 392 of the IPC and the stolen articles have been recovered from the possession of Kailash Yadav..

Submission of the learned counsel for the petitioner is that except confessional statement, there is nothing against the petitioner and there is no recovery. He has been falsely implicated in this case on the basis of confessional statement of

Patna High Court CR. MISC. No.10818 of 2019(3) dt.26-04-2019 2/2 the co-accused and in other two cases he is not named . Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below within a period of six weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below on its own merit.

With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T