Patna High CourtCR. MISC./10355/2017allowed

Bachan Ram Yadav @ Bechan Ram Yadav v. The State Of Bihar

2017-03-18Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10355 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -MADANPURA District- AURANGABAD ======================================================

1. BACHAN RAM YADAV @ BECHAN RAM YADAV son of Late Sitai Yadav Resident of S - 10/190 A.K., P.S. - Hukulganj, District - Varanashi (U.P.).

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajani Kant Singh For the Opposite Party/s : Mr. Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in connection with Madanpur P.S. Case No. 5 of 2017 registered under Sections379, 411 of the Indian Penal Code, section 40 of the Bihar Minor Minerals Concession Rules, 1972 and section 3 of the Prevention of Damage to Public Property Act.

Learned counsel for the petitioner submits that petitioner has no committed any offence as alleged and he has been falsely implicated in the present case. Petitioner has been made accused in this case only because he is owner of the vehicle in question. No offence under sections 379 and 411 of the Indian Penal Code is made out against the petitioner. This is

Patna High Court Cr.Misc. No.10355 of 2017 (2) dt.18-03-2017 2/2 merely a case of overloading.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Madanpur P.S. Case No. 5 of 2017 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Manish/- U T