Arvind Yadav @ Arbind Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62158 of 2023 Arising Out of PS. Case No.-156 Year-2022 Thana- GAUNAHA District- West Champaran ====================================================== 1.

Arvind Yadav @ Arbind Kumar Yadav Son Of Harilal Yadav R/O Lachnauta, P.S. - Gaunaha, Distt. - West Champaran 2.

Ajit Yadav Son Of Harilal Yadav R/O Lachnauta, P.S. - Gaunaha, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prashant Kumar, Advocate Mr. Manaur Alam, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Gaunaha P.S. Case No. 156 of 2022 dated 09.07.2022, instituted for the offence punishable under Sections 379 of the Indian Penal Code.

3. The allegation against the petitioners is that they stole a buffalo and fled away on a Pick-Up van.

4. Learned counsel for the petitioner submits that the petitioners are innocent and they have falsely been implicated in

Patna High Court CR. MISC. No.62158 of 2023(2) dt.16-10-2023 2/3 this case. It is further submitted that petitioner nos. 1 and 2 are brothers and petitioner no. 1 is a witness in Complaint Case No. 1996 (c) /2014 filed by one Manjay Lal Satyam against the then Police Inspector, Shikarpur Police Circle, namely, Sitaram Singh for offence under Section 323, 342 and 504 of the Indian Penal Code and under Section 3(1)(x) of the SC/ST Act. It is next submitted that nothing has been recovered from the physical possession or from house of the petitioners. Learned counsel further submitted that there is no eye witness to the alleged occurrence. It is further stated that there is no allegation against the petitioners of assault. Lastly, it has been submitted that the petitioner have no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Gaunaha P.S. Case No. 156 of 2022, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M, IInd, Bettiah, West Champaran subject to

Patna High Court CR. MISC. No.62158 of 2023(2) dt.16-10-2023 3/3 condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) Sankalp/- U T