Vicky Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40271 of 2020 Arising Out of PS. Case No.-138 Year-2020 Thana- EKMA District- Saran ====================================================== VICKY YADAV S/o Baidhnath Yadav @ Baijnath Yadav, R/o villageHussepur Tola Ram Nagar, P.S.- Ekma, District- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 31-01-2022 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State through video conferencing.

The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

The petitioner apprehends his arrest in connection with Ekma P.S. Case No. 138 of 2020 registered for offence punishable under section 414 of the Indian Penal Code. As per prosecution case, the police party while patrolling got information that the accused persons, namely, Munna Yadav, Pappu Yadav, Vicky Yadav (the present petitioner), Jitendra Yadav and Mantu Yadav are involved in the

Patna High Court CR. MISC. No.40271 of 2020(4) dt.31-01-2022 2/3 offence of transaction of stolen motor cycle after changing its number plate. The house of the accused persons were searched and stolen motor cycles were recovered. One motor cycle was also recovered from the Galiyara of the house of the present petitioner. The petitioner became successful in fleeing away. The seizure lists of those seized motor cycles were prepared in presence of the independent witnesses.

The learned counsel for the petitioner has submitted that five motor cycles were recovered and the seizure lists were separately prepared. The independent witnesses of seizure lists are same.

Five places of occurrence were searched by the police raiding party and on each place of occurrence, stolen motor cycle was recovered, which shows that a gang was committing offence in a planned and organized manner. On similar footing, the anticipatory bail petition of co-accused Pappu Yadav was rejected by this Court, vide Cr. Misc. No. 503 of 2021. Considering the above mentioned facts and circumstances, it is not a fit case for anticipatory bail and accordingly, it is rejected.

Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove,

Patna High Court CR. MISC. No.40271 of 2020(4) dt.31-01-2022 3/3 failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) Mahesh/- U T