Awadhesh Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24503 of 2016 Arising Out of PS.Case No. -37 Year- 2016 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Awadhesh Singh Son of Nawal Kishore Singh Resident of Darmaha, P.S. Kesaria, District- East Champaran.

2. Amarendra Kumar @ Mukesh Jee son of Late Madan Mohan Sharma Resident of Bokano Kala, P.S. Patahi, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Saket Tiwary For the Opposite Party/s : Mr. Ajay Kr.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-03-2017 Heard learned counsel for the petitioner and the State.

The petitioners apprehend their arrest in Madhuban P.S. Case No. 37 of 2016 instituted for the offence under Section (s) 414, 465, 466, 467, 468, 471, 474, 420, 34 of the Indian Penal Code.

It has been submitted on behalf of the petitioners that coal was to be delivered to the petitioners. During the course of checking, a truck loaded with coal was seen and when the police tried to stop the truck, the driver and cleaner of the truck started fleeing away but they were apprehended. The papers handed over by the driver and cleaner of

Patna High Court Cr.Misc. No.24503 of 2016 (4) dt.21-03-2017 2/2 the truck to the police were not found to be genuine. It has been submitted on behalf of the petitioners that owner of the truck has already been granted anticipatory bail by a coordinate Bench of this Court vide Cr. Misc. No. 23589 of 2016 on 14.07.2016. It has further been submitted that petitioners are the consignee and they have ordered for supply of the coal. Therefore, the petitioners have no concern with the papers, if not found to be genuine.

In the facts and circumstances of the case, the prayer of the petitioners for anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, above named, within six weeks from today in connection with Madhuban P.S. Case No. 37 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari, subject to the conditions as laid down under Section 438(2) of Cr.P.C. (Sanjay Priya, J) Shageer/- U T