Manish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63861 of 2021 Arising Out of PS. Case No.-86 Year-2020 Thana- GAUNAHA District- West Champaran ====================================================== Manish Yadav, S/O Bashisth Yadav Resident Of Village - Taulaha P.S. - Ramnagar, District - West Champaran.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Gauri Shankar Thakur For the Opposite Party/s :

Ms. Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 379 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on 20.07.2020, when he was returning to his house by his motorcycle and when he reached near Madhopur Bairia and went to attend the nature's call when two unknown thieves came and stole the motorcycle. It is next alleged that the accused managed to escape from the place of occurrence along with Rs.11,000/-, which was there in the dickey of the motorcycle.

The learned counsel for the petitioner submits that the F.I.R. is against unknown and the petitioner has been falsely implicated in the present case. It is next submitted that the police while disclosed that two accused persons had committed the

Patna High Court CR. MISC. No.63861 of 2021(2) dt.18-07-2022 2/2 occurrence and they had brought the motorcycle in the garage of the petitioner. It is next submitted that when the police reached the place of occurrence, they found the petitioner was repairing the stolen motorcycle. It is next submitted that petitioner was completely unaware that motorcycle was stolen one.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Gaunaha P. S. Case No.86 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T