Kameshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19280 of 2016 Arising Out of PS.Case No. -81 Year- 2016 Thana -BUXAR MUFFSIL District- BUXAR ====================================================== Kameshwar Yadav, Son of Rambhajan Yadav, resident of villageKutubpur, Police Station- Gahamar, District- Ghazipur (U.P.). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 05-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Buxar (M) P.S. Case No.81 of 2016/G.R. No.707 of 2016 registered under Sections 467, 468, 471, 472 and 120-B of the Indian Penal Code. The accusation is that on receiving information about gathering of some people at the line hotel of Ajay Yadav, situated at Buxar-Kochas Road, who were involved in dealing with the black marketing of the coal from Bihar to U.P., police reached there. On seeing the police party, while two persons who were sitting on Safari Vehicle succeeded to flee away whereas Rahul Rai alias Vivek Rai, Kameshwar Yadav(petitioner) and Anish

Patna High Court Cr.Misc. No.19280 of 2016 (2) dt.05-05-2016 2/3 Khan are said to be apprehended by the police from the Duster vehicle and Shashikant Yadav, Sunil Kumar Yadav and Moti Singh are said to be apprehended by the police from Scorpio vehicle. At that time, one bag containing forged documents was found in the possession of Rahul Rai alias Vivek Rai and some seals and the Sale Tax Invoice in the name of Yuva Shakti Traders were also recovered.

Learned counsel appearing on behalf of the petitioner submits that while the petitioner is said to be apprehended by the police alongwith the other co-accuse but nothing was recovered from the possession of the petitioner and the bag containing the aforesaid documents was recovered from the possession of the coaccused Rahul Rai alias Vivek Rai and not from the possession of the petitioner. The petitioner having no criminal antecedent is in custody since 01.04.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M.-III, Buxar, in connection with Buxar (M) P.S. Case No.81 of 2016/G.R. No.707 of 2016. Out of the two sureties, one must be close relative of the petitioner, who will

Patna High Court Cr.Misc. No.19280 of 2016 (2) dt.05-05-2016 3/3 file an affidavit giving genealogy as to how he/she is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner. (Rajendra Kumar Mishra, J) P.S./- U T