Om Prakash Roy @ Om Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66702 of 2018 Arising Out of PS. Case No.-72 Year-2014 Thana- SARAI District- Vaishali ====================================================== Om Prakash Roy @ Om Prakash Yadav, S/o Rajendra Rai @ Chandeshwar Yadav, R/o- Village-Manguraha, P.S.-Gobindganj, District-East Champaran, At Present Jadhua, P.S.-Hajipur Town, District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jainendra Kumar Pushkar, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar-2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-12-2018 The petitioner seeks bail in anticipation of his arrest in connection with Sarai P.S. Case No. 72 of 2014, dated 20.04.2014, instituted for the offences under Sections 420 and 379 of the Indian Penal Code.

The First Information Report discloses that while one vehicle, bearing Registration No. BR01PB-5473, was being seized by the local police, a ruckus was created by some local persons. In the meantime, the aforesaid vehicle was taken away by one person, viz., Om Prakash Rai, son of Ravindra Rai. Since the petitioner has the same name, but he is not the same person and his father's name is Rajendra Rai @ Chandeshwar Yadav, he has been falsely implicated in

Patna High Court Cr.Misc. No.66702 of 2018(2) dt.17-12-2018 2/2 this case.

With respect to the aforesaid occurrence, one more case has been registered in which also the petitioner has been made accused, but has been granted bail. Considering the facts aforestated as also taking into account the nature of accusation, the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of the present order, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIII-Cum-SubJudge-XIV, Hazipur (Vaishali) in connection with Sarai P.S. Case No. 72 of 2014 (G.R. No. 1815 of 2014), subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J) Praveen-II/- U T