IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47256 of 2008 MUNNA YADAV, son of Subhit Prasad Yadav, resident of village- Milkichak, P.S.- Naya Ramnagar, District- Munger ….. Petitioner Versus THE STATE OF BIHAR ….. Opposite Party ----------- 02 17.02.2009 Heard learned counsel for the petitioner and State. As per allegation in the F.I.R. the petitioner was identified by the informant while he was trying to take away the stones. Counsel for the petitioner submits that the tractor and trailer which is said to be being used by the petitioner for carrying the stone chips has not been recovered as yet. The petitioner was not also apprehended at the place where he said to have been identified. Entire prosecution case is a result of fertile imagination of the informant as petitioner refused to give him his own tractor for some purpose. Considering the fact that there is no recovery, prayer on behalf of petitioner, namely, Munna Yadav, for grant of anticipatory bail is allowed in connection with Naya Ramnagar P.S. Case No. 49 of 2008 in case of his appearance before the Chief Judicial Magistrate, Munger within four weeks from today and furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each , subject to conditions as laid down under Section 438 (2) of the Cr.P.C. P.K. (Mridula Mishra, J.)