Arun Yadav @ Arun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35853 of 2023 Arising Out of PS. Case No.-126 Year-2022 Thana- KHUDAGANJ District- Nalanda ====================================================== Arun Yadav @ Arun Kumar, Son of Late Ishwar Yadav, Resident of VillageMusahri, Police Station-Islampur, District-Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md.Imteyaz Ahmad, Advocate For the Opposite Party/s :
Mr. Suman Kumari Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Khudaganj P.S. Case No. 126 of 2022 dated 04.09.2022 instituted for the offence punishable under Sections 379 of the Indian Penal Code.
3. The prosecution case, in short, is that 03.09.2022, the informant's son parked the Tempo bearing Registration No. BR21K 1428 at the door of his house, but next morning the said tempo was not found there. After searching the tempo, it could not be located. It has been alleged that some unknown thieves have stolen the tempo.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.35853 of 2023(3) dt.21-07-2023 2/3 petitioner is innocent and he is falsely implicated in this case. It is further submitted that the petitioner is not named in the F.I.R. Only on the confessional statement of co-accused Manoj Sao, the name of the petitioner has transpired in this case. No incriminating article has been recovered from the possession of the petitioner. Some parts of the said tempo was recovered from the possession of the said Manoj Sao. As per the seizure list, it has been mentioned that seized articles have been recovered from Telmar Thana Parisar. Learned counsel for the petitioner submits that co-accused Manoj Sao has been granted bail by learned lower court. Lastly, it has been submitted that he has four criminal cases.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner in connection with Khudaganj P.S. Case No. 126 of 2022, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Hilsa (Nalanda) subject to condition as laid down under Section 438(2) of the
Patna High Court CR. MISC. No.35853 of 2023(3) dt.21-07-2023 3/3 Criminal Procedure Code.
(Khatim Reza, J) premchand/- U