Kapil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1562 of 2021 Arising Out of PS. Case No.-82 Year-2019 Thana- BODHGAYA District- Gaya ====================================================== KAPIL YADAV Son of Late Arayan Yadav Resident of Village- Sagarpur Sukhadevchak, Mohanpur, P.S.- Bodh Gaya, Distt- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-11-2021 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Bodh Gaya P.S. Case No. 82 of 2019 for the offence registered under Section 379 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case only on mere suspicion. It is further submitted that allegation levelled against the petitioner is totally baseless and false. Petitioner has no criminal antecedent.

Learned counsel for the State opposes the prayer for bail and submits that the petitioner is named in the first information report and the petitioner is identified on the basis of C.C. T.V. footage near the toll tax plaza with the stolen tractor.

Patna High Court CR. MISC. No.1562 of 2021(4) dt.24-11-2021 2/2 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 petitioners are directed to surrender before the court below and file an application for regular bail on which the court below shall pass necessary orders in accordance with law without being prejudiced by the present order. (Sunil Kumar Panwar, J) Jagdish/- U