Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36660 of 2016 Arising Out of PS.Case No. -251 Year- 2015 Thana -ALOULI District- KHAGARIA ====================================================== Pappu Yadav, Son of Shibu Yadav, Resident of Village- Meghou, P.S.- Alauli, District- Khagaria.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Surendra Kishore Thakur, Advocate For the Opposite Party/s : Mr. Atul Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-09-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Alauli P.S. Case no. 251 of 2015, registered under Sections 412, 414/34 of the Indian Penal Code.

The prosecution case is that Officer-in-Charge of Alauli Police Station received information about unloading of looted iron rod from truck near Annu Trading. When the informant along with other Police officials reached there, they found the unloaded iron rod of Kamdhenu Company, which was unloaded by Umesh Kumar in connivance with Pankaj Yadav on empty space. The truck driver was apprehended by the Police, who disclosed his name as Dipak Rai The said driver of the truck disclosed the name of five persons, including the petitioner, that they had come along with them to unload the iron rod.

Learned counsel for the petitioner submits that the name

Patna High Court Cr.Misc. No.36660 of 2016 (2) dt.23-09-2016 2/2 of the petitioner and name of other four persons have been disclosed by the driver Dipak Rai to the effect that he had come with the petitioner and four others to unload the iron rod at Annu Trading of Umesh Kumar proprietor of Annu Trading and Rakesh Yadav. The other co-accused, namely, Umesh Kumar @ Annu and Rakesh Yadav @ Rakesh Kumar have already been granted privilege of Anticipatory Bail on 01.02.2016 passed in Criminal Miscellaneous No. 4435 of 2016 and Criminal Miscellaneous No. 11267 of 2016, dated 25.04.2016, respectively and the case of the petitioner is similarly situated to co-accused.

Having regard to the facts and circumstances of the case, 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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Khagaria in connection with Alauli P.S. Case No. 251 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T