Moti Lal Singh @ Moti Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48978 of 2014 Arising Out of PS.Case No. -63 Year- 2012 Thana -ARA MUFFSIL District- BHOJPUR ======================================================

1. Moti Lal Singh @ Moti Yadav S/o Pandey Yadav @ Shivnarayan Singh @ Shiv Kumar Yadav Resident of Village - Parsurampur, P.S. - Sinha, District - Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s : Mr. Satyendra Prasad (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 23-04-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Ara Mufassil P.S. Case No. 63 of 2012, registered for the offences punishable under Section 379 of the Indian Penal Code. Learned counsel for the petitioner submits that earlier also he had moved this Hon'ble Court for grant of anticipatory bail, but the learned Court after observing that the apprehension was unfounded disposed of the case, as not maintainable. Learned counsel for the petitioner submits that the First Information Report in the present case was lodged against one Moti Yadav, S/o Pandey Yadav. So far as the petitioner is concerned, he has purchased the She Buffalo from the cattle fair in the month of March, 2012. Learned counsel for the petitioner submits that the She Buffalo in question has

Patna High Court Cr.Misc. No.48978 of 2014 (3) dt.23-04-2015 gone missing in the year 2011 itself, but after a lapse of 10 months the present First Information Report has been lodged without offering any plausible explanation for delay. It is further submitted that the petitioner's name has surfaced subsequently and that he is not at all connected with the fact in question.

Considering the aforementioned submissions and also the fact that the petitioner has no criminal antecedent, let the above named petitioner, in the event of his arrest or surrender before the court below within a period of two weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Mufassil P.S. Case No. 63 of 2012, subject to the conditions as laid down under Section 438(2) of the Indian Penal Code.

(Anjana Mishra, J) P.K./- U T