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Jharkhand High Court

Birendra Prasad Yadav @ Birendra Yadav vs The State Of Jharkhand .....Opposite ... on 22 October, 2024

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
               A.B.A. No. 3485 of 2024

Birendra Prasad Yadav @ Birendra Yadav, aged about 35 years, Son of Triloki
Prasad Yadav, Resident of Village Isri Bazar, Professor Colony, P.O. Isri, P.S.
Nimiaghat, Dist- Giridih.                                 ..... Petitioner
                          Versus
The State of Jharkhand                                    .....Opposite Party
                          ---------

CORAM: HON'BLE MR. JUSTICE ARUN KUMAR RAI

---------

For the Petitioner        : Mr. Tarun Kumar No.1, Advocate
For the State             : Mr. Arup Kumar Dey, APP
                          ---------
      nd
03/ 22 October, 2024
1. This case has been taken up on mentioning.

2. Petitioner is apprehending his arrest in connection with Dumri P.S. Case No. 36 of 2024 for the offences registered under Sections 379,414, 34 of the Indian Penal Code, pending in the court of learned A.C.J.M., Giridih.

3. Learned counsel for the petitioner has submitted that name of petitioner has been divulged by the driver of the vehicle who apprehended at spot and allegedly stolen articles have been got recovered. Learned counsel stated at Bar that petitioner is having no criminal antecedent. Upon aforesaid premise, prayer for anticipatory bail has been made.

4. Learned APP appearing for the State has conceded to the fact that petitioner is having no criminal antecedent.

5. From perusal of content of F.I.R. it transpires that Aadhar Card of this petitioner has been found near the stock pile of pipes allegedly stolen and this petitioner was named in the F.I.R. on the basis of the Aadhar Card found from where allegedly stolen articles have been recovered.

6. Considering the aforesaid facts and circumstance of the case and as the recovery has already been effected, this Court is inclined to extend the privilege of anticipatory bail to the petitioner. Accordingly, petitioner, above named, is directed to surrender before the learned trial court within four weeks from the date of receipt of a copy of this order and the learned trial court on his surrender, shall release him on bail on furnishing bail bonds of Rs. 25,000/- (Rupees twenty-five thousand) with two sureties of the like amount each, to the satisfaction of learned A.C.J.M., Giridih, in connection with Dumri P.S. Case No. 36 of 2024, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Arun Kumar Rai, J.) Abhishek/