Dharmendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36749 of 2015 Arising Out of PS.Case No. -125 Year- 2015 Thana -DAUDNAGAR District- AURANGABAD ======================================================
1. Dharmendra Yadav Son of Jaishwar Yadav resident of village - Shiva Bigha, P.S. Madanpur, District - Aurangabad ( Bihar ) .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Nirmala Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-09-2015 Heard learned counsels for the petitioner and the State.
Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 413, 414, 420, 467, 468, 471, 120B of the Indian Penal Code. The accusation is of transporting the coal without any valid document.
It is submitted by learned counsel for the petitioner that petitioner is owner of the truck and truck was hired by the owner of the coal through the driver of the truck. Moreover the coal was being transported under valid documents.
A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the aforesaid facts, let the
Patna High Court Cr.Misc. No.36749 of 2015 (2) dt.15-09-2015 2/2 petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for four months on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Daudnagar P.S. Case No. 125 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
The provisional bail of the petitioner will be confirmed by learned Court below on getting it verified that coal was being transported under valid documents but if not then petitioner will surrender and pray for regular bail. (Dinesh Kumar Singh, J) Shageer/- U T