Bisundeo Yadav @ Bisun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16201 of 2020 Arising Out of PS. Case No.-130 Year-2017 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Bisundeo Yadav @ Bisun Yadav, son of Late Mistri Yadav, R/o Village Sherpur, P.S. Neema Chandpura, District - Begusarai. ... ... Petitioner/s

Versus

1. The State of Bihar

2. Manoj Prasad Yadav, son of Ramchandra Prasad Yadav,R/o Village - Sherpur, P.S. Neemachandpura, District - Begusarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shree Niwas Singh For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

04-09-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in Complaint Case No. 130 of 2017 punishable for the offence under Sections 420, 465, 467 of the Indian Penal Code.

In the complaint petition, the complainant has alleged that in the year 2011, on the instigation of petitioner, co-accused Palku Yadav dashed the son of complainant by his (petitioner) tractor, bearing registration no. BR09F-9692. It is further alleged that on the basis of forged driving licence, co-accused Palku Yadav and petitioner were granted bail. It is submitted on behalf of petitioner that petitioner is

Patna High Court CR. MISC. No.16201 of 2020(2) dt.04-09-2020 2/2 innocent and has committed no offence. Petitioner is only owner of the tractor, which was being driven by the driver Palku Yadav (co-accused) and he (Palku Yadav) dashed the son of complainant. It is further submitted that so far as forged driving licence produced by co-accused Palku Yadav is concerned, for which petitioner cannot be held responsible. The prosecution ought to have filed a petition for cancellation of bail against him (Palku Yadav).

Considering the aforesaid facts and circumstances, the anticipatory bail application is allowed.

In the event of arrest or surrender within a period of eight weeks from the date of receipt/production of copy of this order, let the above-named petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate - I, Begusarai, in connection with Complaint Case No. 130-C of 2017, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J.) anay U T