Ashok Yadav @ Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14595 of 2019 Arising Out of PS. Case No.-297 Year-2018 Thana- BHARGAMA District- Araria ====================================================== Ashok Yadav @ Ashok Kumar, Son of Kalar Yadav Resident of Village - Raghunathpur, P.S.- Bhargama, Distt - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-03-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 379/34 of the IPC. The prosecution case, as per the written report of Tilakchandra Das, dated 14.11.2018 submitted to the Station House Officer, Narpatganj Police Station, is to the effect that on 13.04.2018, in the midnight, the informant found his tractor missing. During search, some of the worshipers of the local temple suggested that the petitioner was seen sitting on the tractor of the informant.

It is submitted by learned counsel for the petitioner that only on the basis of suspicion, the petitioner has been roped in the present case. The informant has not even disclosed the name

Patna High Court CR. MISC. No.14595 of 2019(2) dt.11-03-2019 2/2 of the persons who suggested the name of the petitioner. A statement has been made in paragraph no.3 of the petition to the effect that apart from present case, the petitioner is also made accused in three other cases and in all the cases, he is on bail. Learned APP submits that the name of the petitioner sprang up on the statement of some of the worshipers of the local temple.

Considering the nature of accusation and serious criminal antecedent of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected in connection with Narpatganj P.S. Case No. 297 of 2018, pending in the Court of learned Chief Judicial Magistrate, Araria.

However, considering the suspicious nature of accusation, learned Court below may consider the prayer for regular bail of the petitioner if he surrenders within a period of six weeks.

Accordingly, the present application is disposed of. (Dinesh Kumar Singh, J) Amrendra/- U T