Guddu Kumar Yadav @ Guddu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49809 of 2022 Arising Out of PS. Case No.-667 Year-2021 Thana- ARARIA District- Araria ====================================================== GUDDU KUMAR YADAV @ GUDDU YADAV Son of Kameshwar Yadav R/o village - Kharaiya (Kharahia) Basti, Ward No.- 11, P.S.- Araria, District - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kanchan Jha For the Opposite Party/s :

Mr. Rajiv Nayan Mr. Ramesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-01-2023 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Araria P.S. Case no.667 of 2021, registered for the offence punishable under Sections 380/456 of the Indian Penal Code. The allegation against the petitioner is that he alongwith one Mahesh Yadav stole the buffaloes of the informant and one Dilip Yadav.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case due to enmity and grudge. No such occurrence, in the manner as

Patna High Court CR. MISC. No.49809 of 2022(2) dt.16-01-2023 2/3 alleged, has ever taken place. He submits that there is a land dispute between the parties and both sides are agnates. The informant is the uncle of the petitioner. He further submits that the petitioner and the informant were candidate for ward commissioner election and due to this reason the informant filed this case against the petitioner. Petitioner has neither been apprehended on the spot nor any stolen articles has been recovered from his possession. He further submits that all the criminal cases against the petitioner has been filed by the informant's side. Petitioner has three criminal antecedent, as also mentioned in para-3 of the bail application. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail. Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

Accordingly, this application is dismissed.

However, if the petitioner surrenders before the learned court below within a period of four weeks, from today, learned court below shall pass the order in the same day, in accordance with law, considering the fact that both the

Patna High Court CR. MISC. No.49809 of 2022(2) dt.16-01-2023 3/3 parties are agnates and all the criminal cases against the petitioner has been filed by the informant's side. (Anjani Kumar Sharan, J) shikha/- U T