Sanjay Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86766 of 2024 Arising Out of PS. Case No.-6 Year-2019 Thana- JALALGARH District- Purnia ====================================================== Sanjay Kumar Yadav S/o- Late Raghunath Yadav @ Narayan Yadav Resident of village - Manikpur, Ward No. 12, Police Station - Fulkaha, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-12-2024 Heard Mr. Arun, learned counsel for the petitioner and Mrs. Renu Kumari, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Jalalgarh P.S. Case No. 06 of 2019 instituted for the offences under Section 379 of the Indian Penal Code.

3. Prosecution case, in short, is that some unknown miscreants have stolen away the tractor and the trailor of the informant.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Rajiv Yadav. No incriminating article has been

Patna High Court CR. MISC. No.86766 of 2024(2) dt.11-12-2024 2/2 recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the vehicle in question. It has been submitted on behalf of the petitioner that the petitioner has one criminal antecedent but he is on bail in that case. The co-accused persons have already been granted anticipatory bail by this Court vide order dated 20.07.2024 passed in Cr. Misc. No. 44043 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jalalgarh P.S. Case No. 06 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Alok Verma/- U T