Vinod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23778 of 2018 Arising Out of PS. Case No.-594 Year-2016 Thana- JAHANABAD District- Jehanabad ====================================================== Vinod Yadav, Son of Firangi Yadav, Resident of Mohalla- Devariya, Back Side of Civil Court/Back Side of Jail, Jehanabad, P.S. & District- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Paras Nath For the Opposite Party/s :

Sri Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 23-04-2018 Heard Sri Paras Nath, learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner, apprehending his arrest in connection with Jehanabad P.S. Case No. 594 of 2016, registered for the offence under Section 272, 273 of the Indian Penal Code, 1860 and Section 54/57/60/ 63 of the Bihar Excise Act has prayed for grant of bail in the event of his arrest or surrender.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. Nothing was recovered from conscious possession of the petitioner. He submits that only on the basis of statement of some of the local persons as if one Vinod Yadav was the owner of the motorcycle, which was found near a lodge, the

Patna High Court Cr.Misc. No.23778 of 2018(2) dt.23-04-2018 2/2 petitioner has been made accused. He submits that even in the F.I.R. parentage of Vinod Yadav has not been mentioned nor petitioner is the owner of the motorcycle in question. He further submits that in any event, even from the said motorcycle nothing was recovered. Learned counsel for the petitioner has also drawn my attention to the statement made in paragraph no. 3 of the petition to show that petitioner is having clean antecedent.

Considering the nature of accusation and clean antecedent of the petitioner, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner Vinod Yadav be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - II, Jehanabad / concerned court in connection with Jehanabad P.S. Case No. 594 of 2016 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J) praful/- U T