Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48303 of 2019 Arising Out of PS. Case No.-48 Year-2019 Thana- TELHARA District- Nalanda ====================================================== Anil Kumar, Son of Late Kuldeep Yadav, Resident of Village - Muzafara, P.S.- Islampur, Dist.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Krishna Prasad Yadav For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 380/414 of the Indian Penal Code.

The prosecution case is based upon the written report of Vijay Prasad submitted to the Station House Officer of Telhara Police Station is to the effect that his two buffaloes and one calf went missing. Subsequently, the informant intercepted the stolen animals loaded on a pick up van. The driver of the pick up van disclosed his name as Aftab Alam and also disclosed the name of the persons who escaped from the scene as Kamal Yadav and Anil Kumar, the petitioner. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.48303 of 2019(2) dt.02-08-2019 2/2 that the petitioner has maliciously been roped in the present case and there is no recovery from the petitioner. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the name of the petitioner has been sprang up on the disclosure of the driver. Considering the fact that there is no recovery from the petitioner and statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa in connection with Telhara P.S. Case No. 48 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T