Basant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45439 of 2018 Arising Out of PS.Case No. -30 Year- 2018 Thana -INARWA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Basant Kumar S/o Nathuni Prasad R/o Bastha, P.S. Mainatand , Distt. West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Smt. Anita Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Inarwa P.S. Case No. 30 of 2018, registered for offences punishable under Sections 341, 323 and 353/34 of the Indian Penal Code.

As per F.I.R., allegation against the petitioner is that when the police intercepted the tractor loaded with stone chips coming from Nepal side and driver of the tractor was fled from there. Submission of the learned counsel for the petitioner is that the petitioner is not named in the F.I.R. and he has been falsely implicated in this case only because he is son of the owner of the tractor. It is also submitted that the petitioner has no criminal

Patna High Court Cr.Misc. No.45439 of 2018 (2) dt.02-08-2018 2/2 antecedent.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named on surrender or arrest within six weeks be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of Sri Manas Kumar, learned Judicial Magistrate, 1st class, Bettiah, West Champaran, in connection with Inarwa P.S.Case No. 30 of 2018, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (Vinod Kumar Sinha, J) Sudha/- U T