Ashok Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48469 of 2021 Arising Out of PS. Case No.-201 Year-2021 Thana- JAYNAGAR District- Madhubani ====================================================== ASHOK KUMAR YADAV Son of Ram Abtar Yadav Resident of Village - Godiyari, P.S. - Jaynagar, Dist. - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha, Adv.

For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 14-02-2022 Heard the parties through video conferencing. The petitioner apprehends his arrest in connection with Jaynagar P.S. Case No. 201 of 2021, G.R. No. 1237 of 2021 registered for the offence under Section 30 (a) of the Indian Penal Code.

Learned counsel for the petitioner submits that the recovery has been made from the open field of vegetables, which does not belong to the petitioner. However, since it is behind the house of the petitioner, the petitioner is sought to be arrested.

I have considered the submissions, apparently, under Section 30 (a) as against the petitioner on the aforesaid facts cannot be said to be made out, I am inclined to grant benefit of

Patna High Court CR. MISC. No.48469 of 2021(2) dt.14-02-2022 2/2 anticipatory bail to the above named petitioner and in the event of arrest he shall be released on bail, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Sanjeev Prakash Sharma, J) pravinkumar/- U T