Hardyal Rai @ Hiralal Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49979 of 2021 Arising Out of PS. Case No.-326 Year-2020 Thana- TARAIYA District- Saran ====================================================== Hardyal Rai @ Hiralal Ray S/O Late Mohan Rai R/O Village-Pharidpura, P.STaraiya, District-Saran At Chhapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rananjay Kumar For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in connection with Taraiya P.S. Case No. 326 of 2020 registered under Sections- 413, 412, 120(B) of the Indian Penal Code. Allegedly, one stolen tractor was found parked at the house of co-accused.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired in this case on the basis of

Patna High Court CR. MISC. No.49979 of 2021(2) dt.21-12-2021 2/2 disclosure made by co-accused. The tractor was said to have been looted by one co-accused. The petitioner had no knowledge that the tractor was a stolen property. The petitioner has been made accused in the present case due to mistake of fact.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Saran at Chapra in connection with Taraiya P.S. Case No. 326 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T