Shiv Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22806 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -SHERGHATI District- GAYA ====================================================== Shiv Kumar Singh Son of Ram Bharosa Singh Resident of Kanjiyar, Police Station - Itkhori, District- Hazaribagh (Jharkhand) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-07-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Sherghati (Dobhi) P.S. Case No. 14 of 2017 for the offences punishable under sections 413, 414, 420, 384, 467, 468, 471 and 120 (B) of the I.P.C and sections 33 and 34 of the Indian Forest Act.

Allegedly, the petitioner and other co-accused being Entry Mafia used to cross the loaded truck after taking Rs. 5,000/- per truck without any paper. During investigation the witnesses have supported the allegation.

Submission is of false implication and that without any basis the petitioner has been implicated in this case, all the allegations are false and concocted, nothing has come during

Patna High Court Cr.Misc. No.22806 of 2017 (4) dt.14-07-2017 2/2 investigation, the witnesses examined are all the police officials and constables, the statement of the co-accused made before the police has got no evidentiary value in the eye of law, the petitioner has got no concern in such incident, he never worked as Entry Mafia, the entire prosecution story as made out in the FIR appears not probable and reliable, it is not possible to cross Dhobhi Check post without valid paper, in this case other co-accused, namely, Pintu Singh, Surendra Paswan, Jagan Yadav, Badu Gope and Sujit Kumar have been allowed pre-arrest bail by different co-ordinate Benches as well as by this Court and as such the petitioner also deserves sympathetic consideration.

The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner.

In the facts and circumstances as stated above, the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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. A.C.J.M. Sherghati (Gaya) in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T