Bablu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41055 of 2015 Arising Out of PS.Case No. -418 Year- 2015 Thana -NAWADA District- NAWADA ====================================================== Bablu Yadav Son of Gopi Yadav Resident of Village- Jamuawan, P.s Kadirganj, District Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sheo Kumar Prasad For the Opposite Party/s : Mr. Abhay Kumar No. 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 06-10-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code.

On theft being committed in the house of the informant of articles of about eighty thousand, the FIR was lodged against unknown. Subsequently, the name of the petitioner sprang up on the confession of co-accused Deepak Kumar.

It is submitted by learned counsel for the petitioner that the petitioner is co-villager of the informant and except confession of Deepak nothing has been collected against

Patna High Court Cr.Misc. No.41055 of 2015 (2) dt.06-10-2015 2/2 the petitioner. The informant in his subsequent statement has also not named this petitioner and no recovery has been made from the petitioner. Statement to that effect has been made in paragraph 10 of the petition, which reads as follows:- "That it is submitted that not any incriminating article or theft article has been recovered from the possession of the petitioner." A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Nawada Town (Kadirganj) P.S. Case No. 418 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T