Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18808 of 2016 Arising Out of PS.Case No. -203 Year- 2015 Thana -DARBHANGA District- DARBHANGA ======================================================

1. Sanjay Yadav Son of Ram Bilash Yadav, Resident of Village - Chauri, P.S. - Sakri, District - Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Iqbal Asif Niazi For the Opposite Party/s : Mr. G.S. Gupta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-05-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 414 and 216-A of the Indian Penal Code.

The prosecution case is that the informant being police officer received information that a stolen Sumo Victa vehicle has been kept in the campus of Success Path Coaching at Sakmapool, when raid was laid when Sumo Victa vehicle and CBZ motorcycle were recovered. On interrogation, the tenant Bipin Kumar Rai suggested that the petitioner and co accused Vishal Singh parked the vehicle as it got punctured and handed over the key of the

Patna High Court Cr.Misc. No.18808 of 2016 (2) dt.03-05-2016 2/3 vehicle to the police.

It is submitted by the learned counsel for the petitioner that the recovery has not been made from the petitioner and the petitioner in no way connected with the vehicle in question. Statement to that effect has been made in paragraph 11 of the petition which reads as follows: "That the petitioner has absolutely no concern with alleged recovery of so-called stolen vehicles nor he has been connected with any affairs of co-accused Bipin Rai or his brother Kamlesh Rai."

Though the petitioner is accused in one other case registered under section 379 IPC but he is on bail in the said case.

Considering the aforesaid facts, 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 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Darbhanga in connection with Darbhanga Town P.S. Case No.203 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

Patna High Court Cr.Misc. No.18808 of 2016 (2) dt.03-05-2016 3/3 The learned court below will cancel the bail bonds of the petitioner if it is found that on the date of seizure the vehicles in question were registered in the name of the petitioner.

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