Wakil Dhobi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14152 of 2016 Arising Out of PS.Case No. -20 Year- 2016 Thana -CHAINPUR District- BHABHUA (KAIMUR) ====================================================== Wakil Dhobi, son of Suryanath Dhobi @ Nathu Dhobi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Pathak, Advocate For the Opposite Party/s : Mr. Anant Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-03-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 379, 427, 431, 432/34 of the Indian Penal Code.

Prosecution case is that the informant after receiving information that some persons are cutting soil from the government land, reached to the place and found seven tractors and two JCB machines. Though, no soil was loaded on the tractor but the police seized tractors and JCB machines when the villagers disclosed that Ramchandra Ram, Birendra Ram and this petitioner used to extract soil and sell in the market.

It is submitted by learned counsel for the petitioner that the petitioners were neither found at the place of seizure and the vehicle seized does not belong to the petitioner. A statement to

Patna High Court Cr.Misc. No.14152 of 2016 (2) dt.31-03-2016 2/2 that effect has been made in paragraph 7 of the petition, which reads as follows :- "That, the prosecution story has also disclosed that the police reached at the land in question on 03.02.2016 and seized altogether nine vehicles from the alleged Govt. land. It is also notable to state here that no any vehicle is belonging to the petitioner nor he has any relation to the seized vehicles." A further statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Bhabua (Kaimur) in connection with Chainpur P.S. Case No.20/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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