Lal Babu Yadav @ Lal Babu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15867 of 2016 Arising Out of PS.Case No. -31 Year- 2016 Thana -PANDAUL District- MADHUBANI ====================================================== Lal Babu Yadav @ Lal Babu Son of Basdeo Yadav Resident of Village - Batori, P.S. - Pandaul, District - Madhubani, .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-05-2016 A supplementary affidavit has been filed on behalf of the petitioner, same may be taken on record.

Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 427, 447, 504 and 379 of the Indian Penal Code and 3 of the Prevention of Damage of Public Properties Act, 1984.

Allegation against the petitioner is that by his order someone was cutting earth from the Government tank, it was sold and was being loaded on his tractor.

It is submitted on behalf of the petitioner that he has been made accused due to mistake of fact. Petitioner is the owner of the tractor in question. In support of his contention he has filed the relevant papers regarding the ownership of the tractor. On behalf of the State, it is submitted that petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his/her arrest or surrender in the court below within a period of six weeks, be released on bail

Patna High Court Cr.Misc. No.15867 of 2016 (2) dt.18-05-2016 2/2 on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani, in connection with Pandaul P.S. Case no. 31 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) sudip/- U T