Anil Yadav @ Anil Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50806 of 2021 Arising Out of PS. Case No.-81 Year-2020 Thana- KARPI District- Jehanabad ====================================================== ANIL YADAV @ ANIL KUMAR YADAV Son of Chandradeep Yadav @ Diwan Yadav Resident of Village - Kubri Tola Jag Mohan Bigha, P.S.- Karpi (Sahar Telpa), District - Arwal.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhirendra Kumar Sinha For the Opposite Party/s :
Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-04-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Karpi (Sahar Telpa) P. S. Case No. 81 of 2020, registered for the offences punishable under Sections 379/411/34 of the Indian Penal Code. The prosecution case, as per the First Information Report, is that an electric motor of 1 H.P. has been stolen from the house of the petitioner and the same has been recovered from the house of co-accused Basant Kumar.
Learned Counsel for the petitioner submits that the petitioner has been made accused in this case on the basis of the confessional statement of co-accused Basant Kumar, from
Patna High Court CR. MISC. No.50806 of 2021(2) dt.01-04-2022 2/2 whose house the stolen electric motor has been recovered. He further submits that the petitioner is in custody since 04.02.2021 and charge sheet has been submitted against him and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.
Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that the electric motor has not been recovered from the possession of the petitioner, charge sheet has already been submitted and the petitioner is in custody since 04.02.2021, I am inclined to grant regular bail to the petitioner.
This application is, accordingly, allowed.
Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned 4th Additional Chief Judicial Magistrate, Arwal, in connection with Karpi (Sahar Telpa) Police Station Case No. 81 of 2020.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √