Vinod Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2518 of 2017 Arising Out of PS.Case No. -226 Year- 2016 Thana -BRAHMPUR District- BUXAR ======================================================
1. Vinod Yadav, S/o Raj Deyal Yadav.
2. Vimalesh Yadav, S/o Akshay Lal Yadav.
3. Nilesh Yadav, S/o Hera Lal Yadav.
4. Chandan Choubey @ Shatrughan Choubey, S/o Late Vikrama Choubey. All Resident of Village-Jawahi Diyar, P.S.-Brahmpur. District-Buxar. .... .... Petitioners.
Versus
The State of Bihar .... .... Opposite Party.
====================================================== Appearance :
For the Petitioners : Mr. Rang Nath Choubey, A.P.P. For the State : Mr. Ajay Kumar Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 03-04-2017 It appears that this application, filed on behalf of the petitioners for grant of anticipatory bail, in respect of the petitioner no.4 Chandan Choubey alias Shatrughan Choubey, has already been dismissed as withdrawn vide order dated 15.03.2017 passed by this Court, as such, today, now, only the prayer of the petitioner nos.1, 2 and 3, above named, for grant of anticipatory bail is being considered.
Heard.
The petitioner nos.1, 2 and 3 apprehend their arrest in connection with Brahmpur P.S. Case No.226 of 2016 registered under Sections 461, 379 and 120(b) of the Indian Penal Code,
Patna High Court Cr.Misc. No.2518 of 2017 (4) dt.03-04-2017 2/3 pending in the court of the Chief Judicial Magistrate, Buxar. The accusation of the informant Madhu Mangal Singh, Headmaster of Middle School, Jawahi Diyar, is that on 06.10.2016, he received information on his mobile from one Ramakant Mishra, Assistant Teacher of that school, about committing theft of six bags rice by breaking the lock of the store of the school and one thief has been apprehended with the help of villagers. On receiving such information, the informant went to the school and, thereafter, the informant and the villagers made query from the apprehended thief, who disclosed his name as Vinod Yadav (petitioner no.1), who also disclosed that he with the help of Vimalesh Yadav (petitioner no.2) and Nilesh Yadav (petitioner no.3) has committed the theft of six bags rice from the school after breaking the lock of the store, which have been kept at the house of Chandan Chaubey (petitioner no.4). Thereafter, four bags of rice were recovered from the house of Chandan Chaubey (petitioner no.4).
Learned counsel appearing on behalf of the petitioner nos.1, 2 and 3 submits that the petitioner nos.1, 2 and 3 have falsely been implicated in this case due to dirty village politics. Having considered the facts and the circumstances of the case and the nature of allegation, I am not inclined to grant
Patna High Court Cr.Misc. No.2518 of 2017 (4) dt.03-04-2017 3/3 anticipatory bail to the petitioner nos.1, 2 and 3. Accordingly, the prayer of the petitioner nos.1, 2 and 3 for grant of anticipatory bail stands rejected.
(Rajendra Kumar Mishra, J) P.S./- U T