Binod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69096 of 2022 Arising Out of PS. Case No.-94 Year-2022 Thana- MADANPUR District- Aurangabad ====================================================== BINOD YADAV S/o Jagar Nath Yadav R/o Village- Singhban, P.S.- Hazaribag, Distt- Hazaribag(Jharkhand).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramendra Kumar Singh For the Opposite Party/s :

Mr. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-02-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Madanpur P.S. Case No. 94 of 2022 registered for the offences punishable under Section 379/411 of the Indian Penal Code pending in the Court of learned C.J.M., Aurangabad.

As per prosecution case, the informant alleged that his vehicle has been lifted from near his house at 12 in the night. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is not name in the FIR, during the investigation, the name of the petitioner has come on the basis of confessional statement of co-accused.

Patna High Court CR. MISC. No.69096 of 2022(2) dt.27-02-2023 2/2 Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State vehemently opposing the bail petition submitted that specific overt act has been attributed against the petitioner. Hence, the petitioner does not deserve privilege of anticipatory bail.

Considering the facts and circumstances of case and the nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order in accordance with law without being prejudiced by this order.

(Anjani Kumar Sharan, J) anand/- U T