Patna High CourtCR. MISC./31173/2015bail granted

Sanjay Yadav v. The State Of Bihar

2015-10-13Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31173 of 2015 Arising Out of PS.Case No. -41 Year- 2014 Thana -MANIGACHI District- DARBHANGA ====================================================== Sanjay Yadav Son of Ram Bilas Yadav Resident of village - Chauri, P.S. Sakri, District - Madhubani .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Mohammad Sufyan, Adv. For the Opposite Party/s : Mr. A.K. Choudhary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-10-2015 Heard both sides.

The petitioner apprehends his arrest in Manigachhi P.S. Case no. 41/2014, registered for the offences punishable under Section 379 of the Indian Penal Code.

The petitioner is not named in the FIR. The informant lodged the case against unknown for theft of his tractor bearing registration no. BR7K 9669. The tractor was recovered from the road in front of Middle School, Chauri which is situated at the distance of 1.5 km west from the house of the petitioner. Navin Paswan who was driving the tractor is said to have disclosed that the petitioner had given the tractor for ploughing the field.

It is submitted that the petitioner has got no criminal

Patna High Court Cr.Misc. No.31173 of 2015 (3) dt.13-10-2015 2/2 antecedent. There is absolutely no evidence except the evidence of Navin Paswan. The petitioner has not given the tractor to Navin Paswan and nobody has stated this fact.

Considering the facts aforesaid, the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Manigachhi P.S. Case No. 41/2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi/- U T