Jagdish Kumar Yadav vs The State Of Bihar on 12 December, 2022

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Patna High Court - Orders

Jagdish Kumar Yadav vs The State Of Bihar on 12 December, 2022

Bench: Anjani Kumar Sharan

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27527 of 2021
                        Arising Out of PS. Case No.-300 Year-2020 Thana- AMNAUR District- Saran
                 ======================================================
           1.     JAGDISH KUMAR YADAV S/o Mohan Rai R/o village- Dolahi Koyal,
                  P.S.- Amnaur, District- Saran at Chapra
           2.    Deepak Kumar S/o Ram Pukar Mehta R/o village- Pir Maker, P.S.- Maker,
                 District- Saran at Chapra

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Kiran Mahto W/O Late Rabindra Mahto R/O Village- Mohalla- Dilman
                 Chapra, P.O. Jasaili Jamuniya, P.S.- Kesariya, District- East Champaran
           3.    Srei Equipment Finance Limited through its authorised signatory Head
                 office- Plot No. 4-10, Block-EP, Sector- V, Salt Lake City, Kolkata- 700091

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :        Mr. Ajay Kumar Sharma, Advocate
                 For the State           :        Mr. J.N. Thakur, APP
                 For O.P. No.2           :        Mr. Shrinath, Advocate
                 For O.P. No.3           :        Mr. Anurag Saurav, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
                                       ORAL ORDER

3   12-12-2022

Heard learned counsel for the parties.

The petitioners apprehend their arrest in connection with Amnaur P.S. Case No.300 of 2020, registered for the offences punishable under Sections 381, 406 and 420 of the Indian Penal Code.

The petitioners are said to have stolen the poclain machine of the informant.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the Patna High Court CR. MISC. No.27527 of 2021(3) dt.12-12-2022 2/2 present case. The petitioners have got criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that there is business dispute between the parties. It is submitted that no incriminating article has been recovered from the conscious possession of the petitioners. It is further submitted that there is no eye witness of the occurrence.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Taking into consideration the facts and circumstances of the case, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-9th, Saran at Chapra in connection with Amnaur P.S. Case No.300 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) Sanjay/-

U          T

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Patna High Court - Orders