Patna High CourtCR. MISC./8066/2017allowed

Manoj Kumar Yadav v. The State Of Bihar

2017-02-23Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.8066 of 2017 (2) dt.23-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8066 of 2017 Arising Out of PS.Case No. -51 Year- 2016 Thana -BISHWAMBHARPUR District- GOPALGANJ ======================================================

1. Manoj Kumar Yadav, son of Kashi Yadav, resident of Village- Baleshara Jalulehata, P.S.- Uchkagaon, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Milind Kumar Mishra For the Opposite Party/s : Mr. Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 23-02-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Bishmbharpur Police Station Case No. 51 of 2016, disclosing offences under Sections 272, 273, 420, 34 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner has submitted that in fact the petitioner has not been named in the F.I.R. and mere on the basis of confessional statement of co-accused, Sandeep Manjhi, petitioner, who happens to be the owner of the alleged vehicle, has been implicated in this case. Nothing has been recovered from the conscious possession of this petitioner,

Patna High Court Cr.Misc. No.8066 of 2017 (2) dt.23-02-2017 which is evident from seizure list. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-X, Gopalganj in connection with Bishambharpur Police Station Case No. 51 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J.) brajesh/- U T