Raj Kumar Yadav @ Raja Yadav@ Raja Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17136 of 2015 Arising Out of PS.Case No. -81 Year- 2014 Thana -INDUSTRIAL District- BHAGALPUR ====================================================== Raj Kumar Yadav @ Raja Yadav @ Raja Kumar Yadav, S/o Suresh Yadav, Resident of Village - Jawaripur, P.S. - Tilkamanjhi, District - Bhagalpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 09-07-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Audyogik (Industrial) P.S. Case No.81 of 2014 registered under Sections 457, 380 and later on added Sections 461, 379 and 411 of the Indian Penal Code.

The accusation is that on 28.10.2014 in the night at about 10.00 P.M., the brother of the informant after closing the shop "Rahi-Jalpan" went to his house and when in the next morning at about 6.00 A.M., the informant came to his shop, he found the back door of his shop opened and when he entered the shop, he found 35-40 mobiles and Rs.4000/- to be stolen. The informant

Patna High Court Cr.Misc. No.17136 of 2015 (3) dt.09-07-2015 2/2 has further alleged that he had seen Kotul Kumar, Chita and Akash Kumar roaming near the place of occurrence on that night. Learned counsel appearing on behalf of the petitioner submits that the petitioner is not named in the F.I.R. In course of investigation, police seized the empty mobile packets behind the house of the uncle of the informant, as detailed in paragraph-70 of the case diary, and due to that reason the petitioner has falsely been implicated in this case. It is further submitted that the petitioner has passed the Matric Examination in the year 2014 and at present is student of I.A. and he has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, in connection with Audyogik (Industrial) P.S. Case No.81 of 2014, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T