Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30940 of 2022 Arising Out of PS. Case No.-447 Year-2021 Thana- AMARPUR District- Banka ====================================================== 1.

Chandan Yadav Son Of Karu Yadav R/O- Village- Kol Bujurg, P.S.- Amarpur, Dist.- Banka 2.

Govind Das Son Of Kedar Das R/O- Village- Kol Bujurg, P.S.- Amarpur, Dist.- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-11-2022 At the very outset, learned counsel for the petitioners seeks permission to withdraw the bail petition of petitioner no.2. Permission is accorded.

Accordingly, the prayer for bail of petitioner no.2 is dismissed as withdrawn.

Heard learned counsel for the petitioner no.1 and learned APP for the State.

The petitioner no.1 is apprehending his arrest in a case registered for the offences punishable under Sections 457 and 380/34 of the Indian Penal Code.

Allegedly, it is a case of theft committed by the petitioner along with other accused persons who took away

Patna High Court CR. MISC. No.30940 of 2022(2) dt.15-11-2022 2/2 several silver and gold ornaments along with a mobile. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that no stolen article was recovered from the possession of petitioner no.1 and there is no evidence to show the active part played in the alleged crime of theft by the petitioner no.1. Petitioner no.1 has got clean antecedent. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioner, namely, Chandan Yadav in the event of his arrest or surrender before the court below within a period of four 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 learned CJM, Banka in connection with Amarpur P.S. Case No. 447 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U