Sanjeet Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76027 of 2019 Arising Out of PS. Case No.-266 Year-2018 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1.

Sanjeet Yadav, son of Subelal Yadav @ Subelal Prasad Singh 2.

Rakesh Kumar Son of Late Bacha Yadav Both are Resident of Village- Umraibigha, P.S.- Makhdumpur, DisttJehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-11-2019 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners apprehend their arrest in a case registered under Sections 379 and 34 of the Indian Penal Code. Informant has alleged in his written complaint that on 21.07.2018 at about 10:00 PM, four persons were seeing wandering near his boring and next morning when he went there, he found that motor starter has been stolen. FIR was instituted against named accused on the basis of suspicion of committing theft of his boring and starter and police after investigation submitted charge-sheet against Sanjit Yadav and Tamatar Yadav and found allegation to be not true against petitioners and did not sent for the trial as they were

Patna High Court CR. MISC. No.76027 of 2019(2) dt.28-11-2019 2/2 found to be innocent.

It is submitted that the trial court has taken cognizance against the petitioners deferring with the opinion of the police. Petitioners have no criminal antecedent. Considering the facts and circumstances of the case, prayer of anticipatory bail is allowed and petitioners named above in the event of arrest or surrender before the court below within four weeks from today, Petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned court below, in connection with Makhdumpur (Tehta O.P.) P.S. Case No. 266 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) S.Katyayan/- U T