Upendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7114 of 2017 Arising Out of PS.Case No. -418 Year- 2012 Thana -BARACHATTI District- GAYA ====================================================== Upendra Yadav S/o Late Dahu Yadav R/o Village - Gafa (Nandua) P.S. - Bodh Gaya, Dist. - Gaya.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-03-2017 Supplementary affidavit has been filed on behalf of the petitioner. The same may be kept on the record. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Barachatti (Mohanpur) P.S. Case No. 418 of 2012 for the offences instituted under Sections 394 of the Indian Penal Code. The allegation against the petitioner is that he in collusion with other co-accused have cheated the informant by snatching Rs. 2 lac, which was kept in the dickey of the motorcycle of the informant.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation

Patna High Court Cr.Misc. No.7114 of 2017 (3) dt.07-03-2017 2/2 of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case, due to mistake of fact. Except for the confessional statement of coaccused, there is no other material to suggest his implication in the present case. There is no recovery of any incriminating article from the possession of the petitioner.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Barachatti (Mohanpur) P.S. Case No. 418 of 2012 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sherghati, Gaya, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Amit/- U T