Mahadeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13478 of 2015 Arising Out of PS.Case No. -2 Year- 2015 Thana -INARWA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Mahadeo Yadav son of Late Thakur Yadav .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Ram Bachan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-05-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 414 and 353 of the Indian Penal Code and section 11(1) (a) (b) (k) (d) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The accusation is of smuggling 57 he-buffalo and buffalo calves to Nepal when 8 persons were apprehended from the place of seizure and they disclosed the name of this petitioner as the owner of the cattle.

It is submitted by learned counsel for the petitioner that neither the petitioner was caught at the spot nor the seizure has been made from his possession. There is nothing to show that the cattle were being smuggled at the behest of the petitioner. A

Patna High Court Cr.Misc. No.13478 of 2015 (2) dt.06-05-2015 2/2 statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class Bettiah, West Champaran in connection with Inarwa P.S. Case No.02 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The bail bond of the petitioner will be accepted on filing of the affidavit by the petitioner before the learned court below to the effect that he will regularly co-operate in the investigation. Non-cooperation in the investigation by the petitioner will give liberty to the learned court below to cancel the bail bonds of the petitioner.

(Dinesh Kumar Singh, J) Ashwini/- U T