Shyam Babu @ Shyam Babu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33873 of 2022 Arising Out of PS. Case No.-464 Year-2021 Thana- UDWANTNAGAR District- Bhojpur ====================================================== SHYAM BABU @ SHYAM BABU YADAV SON OF SHIVJI YADAV R/OVILL-MASARH KE TOLA, P.S.- UDWANT NAGAR, DIST.-BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 414 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner has antecedent of three cases under the Excise Act and the informant alleges that stolen motorcycle was recovered from the house of petitioner in his absence.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next submitted that the motorcycle belongs to one Kanti Devi but she has not lodged any case regarding theft of her motorcycle, it is next submitted that during election the said

Patna High Court CR. MISC. No.33873 of 2022(2) dt.28-11-2022 2/2 motorcycle was parked in the house of the petitioner when the present FIR came to be instituted. It is next submitted that since no FIR was instituted from before with respect to the theft of the aforesaid motorcycle, as such it appears that petitioner has been falsely implicated because of his antecedent. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Udwant Nagar P.S. Case No. 464 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T