Sikendar Yadav @ Sikandar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54010 of 2017 Arising Out of PS.Case No. -39 Year- 2017 Thana -KACHHAWA District- SASARAM (ROHTAS) ====================================================== Sikendar Yadav @ Sikandar Yadav s/o Ram Ayodhaya Singh resident of Village- Deochanda, P.S. Sikrahata, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Kumar, Advocate. For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Kachhawa P.S. Case No. 39 of 2017 registered under Sections 409, 420 and 120B of the Indian Penal Code and Section 7 of the E.C. Act. 35 bags of wheat and 55 bags of rice were allegedly sold by Tejeshwarnath Upadhaya, PDS dealer to Chandrabhushan Singh and were being transported by the tractor of Raju Gupta by his driver, petitioner.

It is submitted by learned counsel for the petitioner that the petitioner happens to be mere driver of the said tractor. He has no concern with the aforesaid occurrence. He had no knowledge of the nature of the goods. He was simply transporting

Patna High Court Cr.Misc. No.54010 of 2017 (2) dt.13-11-2017 2/2 the article under the instruction of his master. The petitioner has been languishing in custody since 16.09.2017. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas in connection with Kachhawa P.S. Case No. 39 of 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U T