Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23987 of 2020 Arising Out of PS. Case No.-29 Year-2020 Thana- AMAS District- Gaya ====================================================== SHANKAR YADAV S/o Janeshwar Yadav Resident of Village- Gangati, P.S.- Amas, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-01-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Amas P.S. Case No. 29 of 2020 for the offence registered under Sections 379, 407, 411 and 34 of the Indian Penal Code. The allegation is regarding unknown miscreants being engaged in stealing iron rods on the G.T. Road from the trucks plying on the said road and it is also alleged that huge quantity of iron rods were recovered from behind the hotel of the petitioner. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further submitted that the petitioner is the owner of the hotel and has got no complicity in the matter inasmuch as the petitioner was not present on the spot at the time

Patna High Court CR. MISC. No.23987 of 2020(4) dt.06-01-2021 2/2 when the iron rods were recovered.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioner and taking into account the materials on record as also those available in the case diary apart from the fact that the petitioner is stated to be only the owner of the hotel in question, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail.

Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the 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 learned Additional Chief Judicial Magistrate, Sherghati, District-Gaya in connection with Amas P.S. Case No. 29 of 2020, G.R. No. 190 of 2020 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T