Badak Yadav @ Anand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79151 of 2023 Arising Out of PS. Case No.-640 Year-2023 Thana- ARA NAWADA District- Bhojpur ====================================================== Badak Yadav @ Anand Yadav Son Of Vishawnath Yadav Resident Of Village - Adarsh Nagar, Bhelain Bazar Samiti, Police Station - Ara Nawada, District - Bhojpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 379, 411/34 of the Indian Penal Code.

3. As per the prosecution case, allegation against the petitioner along with other co-accused is of committing theft of the cow of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that nothing has been recovered from the possession of the

Patna High Court CR. MISC. No.79151 of 2023(2) dt.12-12-2023 2/2 petitioner. He further submits that, as per the F.I.R., petitioner's name has been transpired in this case on the basis disclosure of co-accused, Subodh Kumar Giri. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Ara Nawada P.S. Case No. 640 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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