Patna High CourtCR. MISC./7432/2022bail granted

Upendra Yadav v. The State Of Bihar

2022-09-05Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7432 of 2022 Arising Out of PS. Case No.-289 Year-2021 Thana- WARISLIGANJ District- Nawada ====================================================== Upendra Yadav S/o Kashi Yadav Resident of Village - Gafur Bigha, P.S. - Ashtawa, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anurag Saurav, Advocate.

For the Opposite Party/s :

Mr.Shyameshwar Dayal, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-09-2022 This matter has been put up before the Court under the heading to be mentioned. It is submitted by the learned counsel for the petitioner that on the previous date the Court had granted pre-arrest bail to the petitioner but due to mistake order issuing notice to opposite party no.2 was typed in the order dated 02.08.2022. In that view of the matter order dated 02.08.2022 be read as follows:

Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in a case registered for the offence punishable under section 379/411 of the Indian Penal Code.

Prosecution case is that petitioner and other coaccused persons were engaged in theft of sand by uploading the

Patna High Court CR. MISC. No.7432 of 2022(3) dt.05-09-2022 2/2 same on three trucks.

Learned counsel for the petitioner has filed supplementary affidavit indicating that petitioner has already deposited fine amount of Rs. 2,58,850/- vide para 5 of the supplementary affidavit. Petitioner is merely a driver of the truck. Petitioner has got no criminal antecedent. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-II Nawada in connection with Warisaliganj Police Station Case No. 289 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashi/- U T