Vinay Singh @ Vinay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19080 of 2016 Arising Out of PS.Case No. -25 Year- 2016 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ====================================================== Vinay Singh @ Vinay Kumar Singh son of Late Jadubansh Singh Resident of village - Kanchanpur, p.s. - Sasaram (Muffasil), Distt. - Rohtas. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rajani Kant Singh For the Opposite Party/s : Mr. Shyam Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-05-2016 Heard learned counsel for the petitioner and the learned Addl. Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Dehri (T) P.S.Case No. 25/2016, disclosing offences under sections 379, 411, 120B of the Indian Penal Code, sections 4(1-A), 121(i) of the D.E.Act, section 40(i) of the B.M.Act and sections 33, 41, 42 of the Forest Act.

In course of patrolling, the police intercepted a Haiwa loaded with stone chips. The driver of Haiwa was arrested, who disclosed the name of the petitioner to be owner of the vehicle. It has been specifically stated in paragraph 11 of the application that the petitioner does not own any such vehicle and he is a poor person. It has further been submitted that the petitioner has been

Patna High Court Cr.Misc. No.19080 of 2016 (2) dt.11-05-2016 implicated only on the basis of so called statement of the driver of the vehicle. It has been stated in paragraph 3 of the application that the petitioner has no criminal antecedent.

Considering the above, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, 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 S.D.J.M., Dehri in Dehri(T) P.S.Case No. 25/2016, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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) Surendra/- U