Jitendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39962 of 2020 Arising Out of PS. Case No.-138 Year-2020 Thana- EKMA District- Saran ====================================================== JITENDRA YADAV S/o Vipat Yadav @ Bipat Rai R/o village- Hussepur Tola Ram nagar, P.S.- Ekma, Distt.- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Mohan Jha For the Opposite Party/s :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-11-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner is expected to honour his undertaking to remove the defects, as pointed out by the office, when called upon to do so by the office. The petitioner is apprehending his arrest in connection with Ekma P.S. Case No. 138 of 2020 for the offence registered under Section 414 of the Indian Penal Code. Allegation against the petitioner is that he kept stolen motorcycle Splendor in his house.
Learned counsel for the petitioner submits that the petitioner is innocent and he has not committed any offence. It is further submitted that the petitioner has been implicated in this case on mere suspicion. It is further submitted that the
Patna High Court CR. MISC. No.39962 of 2020(4) dt.16-11-2021 2/2 petitioner has no criminal antecedent.
Learned counsel for the State opposes the prayer for bail of the petitioner and submits that there is specific allegation of stealing motor cycle against the petitioner and the same has been recovered from the Dalan of the petitioner and as such, it is not a fit case for anticipatory bail.
Considering the aforesaid facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. It is, accordingly, rejected.
However, the petitioner is directed to surrender before the court below and file an application for regular bail on which the court below shall pass necessary order in accordance with law without being prejudiced by the present order. (Sunil Kumar Panwar, J) Jagdish/- U T