Ganesh Yadav @ Ganesh Kumar Yadav @ Ganesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20131 of 2024 Arising Out of PS. Case No.-191 Year-2022 Thana- HASANPUR District- Samastipur ====================================================== Ganesh Yadav @ Ganesh Kumar Yadav @ Ganesh Kumar S/O Raj Kumar Yadav R/O Village- Parkoliya Navtoliya (lerjha Ghat), P.S- Lerjha Ghat, Distt.- Samastipur.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarbottam Kumar Sarkar For the Opposite Party/s :
Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 414, 34 of the Indian Penal Code.
3. As per the F.I.R., it is alleged that in course of vehicle checking three culprits boarded on two motorcycle were coming for Bargaun and seeing the police party, they tried to flee away, but they were apprehended by the police, they disclosed that they were using the stolen motorcycle without number plate and they admitted before the police that both the motorcycles have been stolen from different place.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.20131 of 2024(3) dt.08-05-2024 2/2 the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner has purchased the stolen motorcycle from the apprehended accused. Petitioner has four criminal antecedents as mentioned in para-3 of this application.
5. Learned APP for the State opposes prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and the fact that the petitioner is only purchaser of the stolen motorcycle, let the above named petitioner, be released on bail, in the event of his 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 Hasanpur P.S. Case No. 191 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T