Rudal Kumar Mahton v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5966 of 2016 Arising Out of PS.Case No. -163 Year- 2015 Thana -PHULWARIA District- BEGUSARAI ======================================================

1. Rudal Kumar Mahton Son of Sri Ram Sewak Mahton Resident of Village-Alapur, Po Dhankaul, P.s Teghra, District Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Bharat Lal (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-02-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of anticipatory bail arises out of Fulwaria P.S. Case No. 163 of 2015, disclosing offences under Sections 409,420,201 of the Indian Penal Code. The informant is said to be the Chairman of affiliated Middle School, Birhar. It is alleged that the Principal of the School was attempting to take away the foodgrains, meant for the mid day meal for the childrend of the School in a Bolero vehicle. Allegedly, the petitioner was the driver of the said vehicle. Upon seeing the villagers, the petitioner is said to have fled away leaving the Bolero vehicle.

Learned counsel for the petitioner submits that the

petitioner had/has no connection with the said vehicle and he has been falsely implicated. He also submits that even the Principal, who was apprehended at the spot did not name the petitioner. Considering the facts and circumstances and the nature of accusation, this application is allowed.

Let the above-named petitioner in the event of his arrest/surrender within four weeks from today in the Court below be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Rahul Kishore, learned Judicial Magistrate, Ist Class, Begusarai in connection with Fulwaria P.S. Case No. 163 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U