Jitendra Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.54964 of 2016 (2) dt.22-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54964 of 2016 Arising Out of PS.Case No. -187 Year- 2016 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) ====================================================== Jitendra Yadav, S/o Upendra Yadav, Resident of Village - Kali Bigha, P.S. - Giriyak, District - Nalanda.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar No.1, Advocate. For the Opposite Party/s : Mr. Smt. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Giriyak P.S. Case No. 187 of 2016 registered under Sections 461 and 379 of the Indian Penal Code.

The accusation is that, on 27.06.2016, the informant being the driver of truck bearing registration JH12F-0391 parked his truck near Jagdamba Pump. After taking meal, he slept there. In the next morning, he saw that the right gate of the truck was opened by displacing its glass. On query to the local people, he came to know that petitioner along with Madhukora @ Pintu and Shankar Yadav had earlier committed theft at the same place.

Patna High Court Cr.Misc. No.54964 of 2016 (2) dt.22-12-2016 Learned counsel for the petitioner submits that it would appear from the F.I.R. that petitioner along with two others have falsely been implicated in this case mere on suspicion as they were earlier involved in two other cases about committing theft except that there is nothing against the petitioner showing the involvement in the present case. It is further submitted that similarly situated co-accused, Madhu Koda @ Pintu has already been granted privilege of anticipatory bail by this Court vide order dated 25.11.2016 passed in Criminal Misc. No. 50326 of 2016.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six 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 the Chief Judicial Magistrate, Nalanda, in connection with Giriyak P.S. Case No. 187 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.