Nago @ Nago Yadav @ Sunil Yadav @ Sushil Kumar Yadav @ Hathkata @ Sushil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53455 of 2022 Arising Out of PS. Case No.-132 Year-2022 Thana- RANIGANJ District- Araria ====================================================== NAGO @ NAGO YADAV @ SUNIL YADAV @ SUSHIL KUMAR YADAV @ HATHKATA @ SUSHIL KUMAR Son of Suren Yadav Resident of Vistoriya, Ward No.- 17, Thana - Raniganj, District - Araria (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nishant Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-01-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case registered for the offences punishable u/s 457, 380 read with Section 34 of the Indian Penal Code.

As per the prosecution case, the petitioner is alleged to have committed theft in the house of the informant and took gold jewellery weighing two bhar, silver jewellery weighing 12

Patna High Court CR. MISC. No.53455 of 2022(2) dt.17-01-2023 2/3 bhar and a cash of Rs. 55,000/-. The said accused was seen at the time of the occurrence and the petitioner managed to escape from the place of occurrence after taking advantage of darkness. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. He has submitted that no incriminating material has been recovered from the possession of the petitioner and the name of the petitioner has transpired on the basis of suspicion and the petitioner has no concern at all with the alleged occurrence. He has further submitted that the petitioner is handicapped. The petitioner has one more criminal case as stated at para 3 of the bail petition.

Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioner. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Araria in connection with Raniganj P.S. Case No. 132 of 2022, subject to conditions as laid down under section 438(2) of the

Patna High Court CR. MISC. No.53455 of 2022(2) dt.17-01-2023 3/3 Code of Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T