Suresh Pandey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57398 of 2015 Arising Out of PS.Case No. -70 Year- 2015 Thana -MADANPURA District- AURANGABAD ====================================================== Suresh Pandey son of Nageshwar Pandey, resident of Village- Kiramati, P.O. and P.S.- Ichak, District- Hazaribagh .... .... Petitioner

Versus

1. The State of Bihar

2. Shyam Kishore Singh son of not given in the F.I.R. and not known to the petitioners A.S.I., Madanpur P.S., District- Aurangabad. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Abhay Kumar Thakur, Advocate For the State : Mr. A.Ali Khan(App) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 21-01-2016 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offences punishable under sections 413, 414, 467,468,471, 420 and 120B of the Indian Penal Code.

The petitioner claims to be the driver of the truck which was entrusted to him for carrying coal and which has been found without valid documents.

It is contended that owners of the trucks in question have already been released on provisional anticipatory bail vide order dated 3.10.2015 passed by a Single Judge Bench of this Court in Criminal Miscellaneous No. 39939 of 2015.

Having regard to the facts and circumstances of the case, let

Patna High Court Cr.Misc. No.57398 of 2015 (2) dt.21-01-2016 the abovenamed petitioner, namely, Suresh Pandey, be released on provisional anticipatory bail in the event of arrest/surrender before the court below within a period of six weeks from today in Madanpur Police Station Case No. 70 of 2015 on furnishing bail bond of Rs.10,000/- ( Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, subject to the conditions laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. The provisional bail of the petitioner will be confirmed by the court below on verification of the documents of the trucks in question, if it is found valid and genuine on the date of seizure but if it is not found valid and genuine on the date of seizure then the petitioner will surrender and pray for regular bail. (Dr. Ravi Ranjan, J) SC/- U T