Ashok Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31439 of 2024 Arising Out of PS. Case No.-409 Year-2023 Thana- KALYANPUR District- East Champaran ====================================================== 1.

Ashok Kumar YADAV SON OF Ramanand Rai @RAMANAND RAY VILLAGE -Barwa Bakhari, P.S.- KALYANPUR, DIST- EAST CHAMPARAN 2.

PRINCE KUMAR SON OF UMESH YADAV VILLAGE- GOVINDPUR, P.S.- KALYANPUR, DIST- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 31-07-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners are apprehending their arrest in connection with Kalyanpur P.S. Case No. 409/2023 registered for the offences punishable under Sections 414, 34 of the Indian Penal Code.

3. As per prosecution case, co-accused Aman Kumar apprehended with theft motorcycle in question and he disclosed the name of petitioners and others who are involved in committing theft of motorcycle.

Patna High Court CR. MISC. No.31439 of 2024(3) dt.31-07-2024 2/3

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this case. Except disclosure of co-accused Aman Kumar, there is nothing on record to demonstrate the complicity of the present petitioner with the alleged occurrence. Petitioners bear no criminal antecedent. Nothing has been recovered from the conscious possession of the petitioners. He further submits that petitioners are not in any way connected with the alleged occurrence.

5. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioners, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-4th East Champaran, Motihari in connection

Patna High Court CR. MISC. No.31439 of 2024(3) dt.31-07-2024 3/3 with Kalyanpur P.S. Case No. 409/2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Alok Kumar Pandey, J) amitkumar/- U T