Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7892 of 2018 Arising Out of PS. Case No.-352 Year-2017 Thana- DUMRAUN District- Buxar ====================================================== Anil Yadav, S/o Babu Ram Yadav, resident of Village- Akalupur (Bharosa Ahir Ka Dera), P.S.- Dumraon, District- Buxar. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. SRI MADAN KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Dumraon P. S. Case No. 352 of 2017 registered for the offences punishable under Sections 457, 380, 411 of the Indian Penal Code.

Allegedly, co-accused Jai Prakash Kumar was apprehended by the informant and others while he was fleeing away from his house with a suit-case and he disclosed the name of the petitioner and others who had entered into the house for committing theft.

Submission is of false implication and that the name of the petitioner has come in the alleged confessional statement of co-

Patna High Court Cr.Misc. No.7892 of 2018(2) dt.17-02-2018 2/2 accused which has got no evidentiary value in the eye of law, besides that there is no other legal and tangible material and similarly situated co-accused Mantu Ray @ Mantu Kuma Ray has been allowed pre-arrest bail vide Cr. Misc. No. 4218 of 2018 by another co-ordinate Bench of this Court. The petitioner having no criminal antecedent deserves sympathetic consideration.

Learned APP fairly submits that co-accused Mantu Ray has been allowed pre-arrest bail.

In the facts and circumstances stated above, the petitioner above named, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order, is directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Dumraon P. S. Case No. 352 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T