Harendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80560 of 2023 Arising Out of PS. Case No.-683 Year-2021 Thana- MAJHAULIA District- West Champaran ====================================================== HARENDRA YADAV Son of Mansi Yadav R/o vill - Teberwa, P.S. - Gopalganj Town, Distt. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Majhaulia P.S. Case No. 683 of 2021 dated 12.12.2021, instituted for the offence punishable under Section 379 of the Indian Penal Code.

3. The petitioner is alleged to have looted a tractor loaded with fertilizer.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that petitioner has not been named in the F.I.R.. Only on the basis of confessional statement of co-accused persons, the petitioner has been made accused in this case. Nothing has been recovered from the possession of the petitioner or from his house. It is submitted that cognizance has been taken against seven other accused persons. It is also

Patna High Court CR. MISC. No.80560 of 2023(3) dt.05-03-2024 2/2 submitted that after submitting of second charge-sheet, the investigation is pending against three accused persons including the petitioner and out of three accused persons, two accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 07.02.2024 passed in Criminal Miscellaneous No. 1276 of 2024. Lastly, it has been submitted that the petitioner has one criminal case against him and he is on bail in this case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner in connection with Majhaulia P.S. Case No. 683 of 2021, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran, subject to condition as laid down under Section 438(2) of the Cr.P.C..

(Khatim Reza, J) prabhat/- U T