Bipin Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36437 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- KUTUMBA District- Aurangabad ====================================================== BIPIN YADAV SON OF PRAVESH YADAV RESIDENT OF VILLAGE - PARMESHRI, P.S. - MALI, DISTRICT - AURANGABAD ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ankit Raj, Advocate For the Opposite Party/s :

Ms.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Kutumba P.S. Case No. 1 of 2024 instituted for the offences under Sections 379 and 411 of the Indian Penal Code.

3. Prosecution case, in short, is that sixty three iron centring plates which were kept for constructing house, were stolen by one Pravesh Yadav and kept in his house.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of

Patna High Court CR. MISC. No.36437 of 2024(2) dt.16-05-2024 2/2 the co-accused Pravesh Yadav who has already been granted regular bail by this Bench vide order dated 01.04.2024 passed in Cr. Misc. No. 22264 of 2024. No specific overt act is alleged against the petitioner. No incriminating article has been recovered from the conscious possession of the petitioner. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six months 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 Court below/concerned Court in connection with Kutumba P.S. Case No. 1 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Alok Verma/- U T