Satish Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76122 of 2024 Arising Out of PS. Case No.-139 Year-2024 Thana- AANDAR District- Siwan ====================================================== Satish Kumar Yadav S/O Late Bharat Yadav Resident Of Village Sonbarsa, P.S-Andar, Distt.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-11-2024 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending arrest in a case registered for the offences punishable in connection with Andar P.S. Case No.139 of 2024 under Section 414 of the Indian Penal Code.

3. As per the prosecution, the FIR has been lodged against the petitioner against whom there is allegation of recovery of Glamour motorcycle from his house whose documents has not been provided by his wife and upon verification, it was found that the alleged motorcycle was subject to theft of another police station.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that from the contents of F.I.R., the police has raid at his house with a view to search illegal wine, but wine has not been

Patna High Court CR. MISC. No.76122 of 2024(2) dt.12-11-2024 2/2 recovered rather a motorcycle which was subject to theft, has been recovered.

5. Learned Counsel also submits that antecedent of the petitioner is not clean. There is one criminal case pending against the petitioner which is not of Excise Act rather it has been lodged under section 379 of the I.P.C. bearing Mirganj P.S. Case no.25 of 2024. Meaning thereby, for the same theft of motorcycle, two cases have been lodged. One case is Mirganj P.S. Case No.25 of 2024 and another is the present one.

6. Learned APP for the State opposes the prayer for bail, but admits that for the same alleged motorcycle, two criminal cases have been lodged.

7. In the present facts and circumstances, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Court below within a period of 4 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate-1st Class, Siwan in connection with Andar P.S. Case No.139 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dr. Anshuman, J.) Prakashmani/- U T