Uday Kumar @ Uday Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18285 of 2019 Arising Out of PS. Case No.-40 Year-2019 Thana- BAKHTIYARPUR District- Patna ====================================================== UDAY KUMAR @ UDAY RAI Son of Rama Rai Resident of VillageTerassia P.S-Ganga Bridge, District-Vaishali. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-04-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is seeking anticipatory bail in connection with Bakhtiyarpur P.S. Case No. 40/2019 registered under Sections 379, 411 of the Indian Penal Code.

Learned counsel for the petitioner submits that as per prosecution version that the informant got a secret information that the illegal business of iron rod is being made at the hotel situated at old bypass and from the truck iron rod is being unloaded. When the police party reached there the people started fleeing and on chase two persons were apprehended and others were fled away. Submission of the petitioner that the police party raided the truck loaded with iron rod when truck was standing at a Dhaba and this petitioner was fled away on seeing the police party. However, there is nothing to connect this petitioner with any alleged illegal business being committed by this petitioner,

Patna High Court CR. MISC. No.18285 of 2019(2) dt.04-04-2019 2/2 Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of the case wherein it is the submission of the petitioner that the police party raided the truck loaded with iron rod when truck was standing at a Dhaba and the allegation is that this petitioner fled away on seeing the police party, however, there is nothing to connect this petitioner with any alleged illegal business being committed by this petitioner, in the event of his arrest/surrender before the court below within a period of four weeks, let the above-named petitioner be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Barh, Patna, in connection with Bakhtiyarpur P.S. Case No. 40/2019, subject to condition that petitioner shall join investigation by reporting to the Investigating Officer within a period of two weeks from today and shall cooperate in course of investigation. This will be in addition to condition prescribed under Section 438(2) of the Code of Criminal Procedure. (Rajeev Ranjan Prasad, J) Rajeev/- U T