← Library
Patna High CourtCR. MISC./15071/2019bail granted

Santosh Yadav v. The State Of Bihar

2019-06-21Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15071 of 2019 Arising Out of PS. Case No.-170 Year-2018 Thana- KATRA District- Muzaffarpur ====================================================== SANTOSH YADAV Son of Sonelal Yadav Resident of Village - Rajo, P.S.- Singwara, Distt.- Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Virendra Kumar, Advocate :

Mr. Krishna Pd. Singh, Advocate For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-06-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Katra P.S. Case No. 170 of 2018, registered for the offences punishable under Sections 414, 467, 468, 471, 120B, 201/34 of the Indian Penal Code.

Petitioner is said to have stolen the truck and handed it over to Md. Jamal and Kanhaiya Kumar for tampering its engine and body and also number plate to cause evidence of offence to disappear.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. Petitioner has no concern with the aforesaid occurrence. No incriminating

Patna High Court CR. MISC. No.15071 of 2019(4) dt.21-06-2019 2/2 article has been recovered from his conscious physical possession. He has also no concern with the aforesaid truck. There is nothing on record indicating the complicity of the petitioner in the occurence barring the confessional statement of accused Md. Jamal and Kanhaiya Kumar before the police which has no evidentiary value in the eyes of law. He has no criminal antecedent.

The learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIV, Muzaffarpur in connection with Katra P.S. Case No. 170 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) T.Kr./- U T