Umesh Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67790 of 2018 Arising Out of PS. Case No.-32 Year-2017 Thana- PARASBIGHA District- Jehanabad ======================================================

1. Umesh Yadav Son of Late Jagdish Yadav

2. Raja Yadav Son of Late Jagdish Sharma

3. Bugan Yadav Son of Late Rambhawan Yadav All R/o VillageMedanichak,P.S. Parsbigha,Distt.-Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar For the Opposite Party/s :

Mr. Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Section 379 of the Indian Penal Code.

The prosecution case as per the written report of Noman Hasan Raghib dated 01.04.2017 submitted to the Station House of Paras Bigha Police Station is to the effect that in the night of 31.03.2017 the electric wire was cut away by the thieves, leading to registration of the FIR against unknown.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.67790 of 2018(2) dt.13-12-2018 2/3 petitioners that the petitioners are not named in the FIR and there is no recovery from them. The name of the petitioners sprang up in the confession of co-accused Ritesh Kumar and similarly situated co-accused Bakil Kumar has been granted anticipatory bail by a co-ordinate Bench of this Court vide Cr. Misc. No. 49942 of 2017. A statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP submits that the name of the petitioners sprang up in the confession of co-accused. Considering the fact that the name of the petitioners sprang up in the confession of co-accused Ritesh Kumar and that similarly situated co-accused has been granted anticipatory bail, coupled with the statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Jehanabad in connection with Parasbigha

Patna High Court Cr.Misc. No.67790 of 2018(2) dt.13-12-2018 3/3 P.S. Case No. 32 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T