Yogendra Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46770 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- KHIRI MORE District- Patna ====================================================== Yogendra Pandit, Son of Late Agnu Pandit Resident of Village-Kodihra, Police Station-Khiri More, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-10-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Khiri More Case No.01 of 2019, for the offence punishable under Sections 427, 436 of the Indian Penal Code and Section 17 of the C.L.A. Act.

Prosecution case as per the First Information Report is that on the date of occurrence , i.e., 5/6.01.2019 in the night unknown accused persons burnt the JCB machine of M/s Vivek Company which was parked at the work site.

Learned counsel for the petitioner submits that petitioner is not named in the FIR. Learned counsel further submits that his name has been dragged on the basis of confessional statement of coaccused, Ram Nath Yadav, who has disclosed the name of 30 persons including the name of the petitioner. Learned counsel

Patna High Court CR. MISC. No.46770 of 2019(5) dt.01-10-2019 2/2 further submits that no incriminating material or literature pertaining to naxalism has been recovered from his possession. Having regard to the submissions made by the parties and taking into consideration the fact that no incriminating material has been recovered from the possession of the petitioner and the name of the petitioner has come on the basis of confessional statement of arrested co-accused, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Danapur, Patna, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T