Anant Yadav @ Ananta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30908 of 2023 Arising Out of PS. Case No.-48 Year-2021 Thana- DHARHARA District- Munger ====================================================== ANANT YADAV @ ANANTA son of Ramashish Yadav Village- Basmatiya, Ps- Kiul Dist- Lakshisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Adv.

For the Opposite Party/s :

Ms.Sucheta Yadav, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-08-2023 Heard the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 379/34 of the Indian Penal Code.

3. Allegedly, the Scorpio of the informant has been stolen by this petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is an admitted land dispute between father-in-law of petitioner and the informant.

Patna High Court CR. MISC. No.30908 of 2023(3) dt.17-08-2023 2/3 Nothing has been recovered from his house. There is no eye witness of the present occurrence. It is further submitted that though there is serious allegation against the petitioner that the petitioner and Nitish Kumar Yadav are the members of the syndicate which is involved in committing theft of motorcycles and other vehicles, but as per the case diary, petitioner has no criminal antecedent of similar nature that of the present case which can prove this fact that petitioner is habitual vehicle lifter. He has been made accused in the present case merely on suspicion. Petitioner has one criminal antecedent, as mentioned in Para 3 of the bail application.

5. Learned APP for the State opposed the prayer for bail and submitted that petitioner is involved in the present case.

6. Having regard to the facts and circumstances of the case, as petitioner has no criminal antecedent of similar nature as of the present 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 six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Dharhara P.S. Case

Patna High Court CR. MISC. No.30908 of 2023(3) dt.17-08-2023 3/3 No. 48 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T