Allowed

Harendra Yadav v. The State of Bihar

Patna HC5 Mar 2024CR. MISC./80560/2023

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to Harendra Yadav in a case involving alleged looting of a tractor. The petitioner was to be released upon furnishing a bond and sureties subject to statutory conditions.

What did the court decide?

Release on anticipatory bail with a bond of Rs. 10,000 and two sureties of like amount each subject to conditions under Section 438(2) CrPC.

Harendra Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.80560 of 2023

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Arising Out of PS. Case No.-683 Year-2021 Thana- MAJHAULIA District- West Champaran

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====================================================== HARENDRA YADAV Son of Mansi Yadav R/o vill - Teberwa, P.S. - Gopalganj Town, Distt. - Gopalganj

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

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3 05-03-2024

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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2. The petitioner apprehends arrest in connection with Majhaulia P.S. Case No. 683 of 2021 dated 12.12.2021, instituted for the offence punishable under Section 379 of the Indian Penal Code.

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3. The petitioner is alleged to have looted a tractor loaded with fertilizer.

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4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that petitioner has not been named in the F.I.R.. Only on the basis of confessional statement of co-accused persons, the petitioner has been made accused in this case. Nothing has been recovered from the possession of the petitioner or from his house. It is submitted that cognizance has been taken against seven other accused persons. It is also

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Patna High Court CR. MISC. No.80560 of 2023(3) dt.05-03-2024 2/2

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submitted that after submitting of second charge-sheet, the investigation is pending against three accused persons including the petitioner and out of three accused persons, two accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 07.02.2024 passed in Criminal Miscellaneous No. 1276 of 2024. Lastly, it has been submitted that the petitioner has one criminal case against him and he is on bail in this case.

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5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

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6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner in connection with Majhaulia P.S. Case No. 683 of 2021, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran, subject to condition as laid down under Section 438(2) of the Cr.P.C..

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(Khatim Reza, J)

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prabhat/-

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U T

Harendra Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Harendra Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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