Nanhak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67612 of 2024 Arising Out of PS. Case No.-439 Year-2023 Thana- KALYANPUR District- East Champaran ====================================================== Nanhak Yadav Son of Gajendra Yadav @ Gajendra Ray Resident of Village - Patpariya, P.S. - Kalyanpur, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Karandeep Kumar, Advocate For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Kalyanpur P.S. Case No. 439 of 2023 registered for the offences punishable under Sections 411, 413, 414/34 of the Indian Penal Code.

3.

Prosecution case in short is that on search made by the police, several parts of stolen motorcycles were recovered from the house of co-accused, namely, Jitan Sah. 4.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.67612 of 2024(2) dt.20-09-2024 2/3 petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner is named in this case on the basis of confessional statement of co-accused, namely, Jitan Sah. It is submitted by learned counsel for the petitioner that petitioner works at scrap shop, whose owner is the son of Jitan Sah. Nothing has been recovered from the possession of the petitioner. Learned counsel next submits that petitioner has no concern with the alleged recovery. It is lastly submitted that co-accused has been allowed anticipatory bail by this Court vide order dated 09-08-2024 passed in Cr. Misc. No. 58180 of 2024.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let 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, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kalyanpur P.S. Case No. 439 of 2023, subject to the conditions as laid

Patna High Court CR. MISC. No.67612 of 2024(2) dt.20-09-2024 3/3 down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Kishore/- U T