Mayanand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17901 of 2019 Arising Out of PS. Case No.-165 Year-2017 Thana- SARSI District- Purnia ====================================================== Mayanand Yadav Son of Ramanand Yadav Resident of Village - Panjarkatte, Ward No. 03, P.S.- Narpatganj, Distt - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 363, 379, 420, 120B of the Indian Penal Code.

Allegation is that truck and container of the informant by which 600 bags of black pepper was transported to Nepal was found missing. The truck was found parked by the side of the road. The container was empty and driver was also not present there.

It has been submitted on behalf of the petitioner that the there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. His

Patna High Court CR. MISC. No.17901 of 2019(2) dt.29-03-2019 2/2 name has come in the confessional statement of co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. There is no recovery of any incriminating article from the possession of the petitioner. Other co-accused has been granted anticipatory bail vide Annexure 3 to the present application.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Rohit Kumar, J.M. 1sst class, Purnea in connection with Sarsi P.S. case No.165 of 2017 (G.R. No.4616 of 2017), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T