Viki Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21425 of 2019 Arising Out of PS. Case No.-833 Year-2018 Thana- JAHANABAD District- Jehanabad ====================================================== Viki Yadav Son of Raj Ballav Yadav @ Ram Ballabh Yadav Resident of Village-Sukana Bigha, P.S-Jehanabad (Korauna O.P.), District-Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivendra Prasad For the Opposite Party/s :

Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-04-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for anticipatory bail, arises out of Jehanabad (Korauna O.P.) Police Station Case No. 833 of 2018, disclosing offences punishable under Sections 147, 148, 341, 323, 504, 279, 337, 338, 427 and 353 of the Indian Penal Code. Allegedly, a Maruti car had met with an accident, which was being driven by co-accused, who was in inebriated condition. The driver and others who were there in the car had fled away. The Police are said to have recovered the car and thereafter they were making attempt to take the car to Police Station. Allegedly, other co-accused persons, including this petitioner, restraining the Police from doing so and abused the members of the police party.

Patna High Court CR. MISC. No.21425 of 2019(2) dt.05-04-2019 2/2 Learned counsel for the petitioner is correct in his submission that no offence under Section 37 (b) (c) of the Bihar Prohibition and Excise, 2016, is made out.

Considering the nature of allegation made in the First Information Report, the petitioner deserves the privilege of anticipatory bail. This application is, accordingly, allowed. 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 the learned ADJ-II, Jehanabad in connection with Jehanabad (Korauna O.P.) Police Station Case No. 833 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Ashish/- U T