Umesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37355 of 2022 Arising Out of PS. Case No.-28 Year-2022 Thana- MURLIGANJ District- Madhepura ====================================================== 1.

Umesh Yadav Son Of Late Laxmi Yadav R/O Village- Murliganj, Ward No. 11, P.S.- Murliganj, Distt.- Madhepura 2.

Shyamdeo Yadav @ Shyamdev Yadav Son Of Late Laxmi Yadav R/O Village- Murliganj, Ward No. 11, P.S.- Murliganj, Distt.- Madhepura 3.

Dinesh Yadav Son Of Late Laxmi Yadav R/O Village- Murliganj, Ward No. 11, P.S.- Murliganj, Distt.- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 379, 411, 506, 34 of the Indian Penal Code. Learned counsel for the petitioners seeks permission to withdraw the petition with regard to petitioner Nos. 1 and 3 namely Umesh Yadav and Dinesh Yadav since they have been arrested.

Permission is accorded.

Patna High Court CR. MISC. No.37355 of 2022(2) dt.07-11-2022 2/3 Accordingly, the petition with respect to petitioner Nos. 1 and 3 is dismissed as withdrawn. It is alleged that the petitioners were attempting to commit theft of sheesham tree by cut down standing in the field of informant in the night but the informant arrived there and raised alarm, as a result of which, the accused persons fled away.

It is submitted by learned counsel for the petitioner No. 2 that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious and constructive possession of the petitioner. The petitioner has been roped in the present case in the background of some land dispute between the parties. The petitioner has no concern with the arrested accused person. A statement has been made in para 3 of the petition that petitioner No. 2 has no criminal antecedent. In the facts and circumstance of the case, let the petitioner No. 2, above named, in the event of his arrest or surrender before the Court below within a

Patna High Court CR. MISC. No.37355 of 2022(2) dt.07-11-2022 3/3 period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Madhepura in connection with Murliganj P.S. Case No. 28 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T