Harinarayan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51947 of 2018 Arising Out of PS.Case No. -270 Year- 2018 Thana -BAGHA District- WESTCHAMPARAN (BETTIAH) ======================================================

1. Harinarayan Yadav S/o Suresh Yadav, resident of Village - Pakadgawn, P.S. - Bagaha, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar For the Opposite Party/s : Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-10-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 379 of the Indian Penal Code.

Tractor of the informant was initially taken away by one Prem Singh then Prem Singh reported to the informant that he is agent of the financer of the tractor and if the informant wants to get the tractor he should contact the finance agency. Thereafter informant contacted the finance agency. They reported that the tractor has not come here and they had never asked to bring the tractor. Thereafter, Prem Singh was again contacted. He reported that on the way, petitioner and others snatched the said tractor. Thereafter petitioner is also accused in this case.

Patna High Court Cr.Misc. No.51947 of 2018 (2) dt.09-10-2018 2/2 Submission is that nothing has been recovered from possession of the petitioner and enmity with said Prem Singh would be evident from Annexure-2.

Finding no substantial material against the petitioner to compel to go to jail, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Bagaha (Pathkhauli) Police Station Case No. 270 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T