Baban Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.47453 of 2016 (2) dt.13-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47453 of 2016 Arising Out of PS.Case No. -16 Year- 2015 Thana -MAHKAR District- GAYA ====================================================== Baban Yadav Son of Ram Bali Yadav Resident of Village-Bhithra, P.S. Atri, District-Gaya ... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anil Kumar Saxena For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Mahkar P.S. Case No. 16 of 2015 registered for the offences punishable under Sections 406, 420, 424, 353/34 of the Indian Penal Code.

The only allegation against the petitioner is that he and others opposed the informant in bringing the truck which was met with an accident, thereafter, the truck was handed over on Jimmenama to Sudhir Kumar Yadav and on that Jimmenama Navin Kumar and Ramashray Yadav also signed and entered their thumb impression but the truck was handed over to the truck owner illegally.

Submission is of false implication and that no offence as alleged is made out against the petitioner and further the truck in

Patna High Court Cr.Misc. No.47453 of 2016 (2) dt.13-12-2016 question was not given to the petitioner on Jimmenama, the petitioner has not signed on the paper of Jimmenama and as such the petitioner deserves sympathetic consideration to which learned APP fairly submits that the only allegation against the petitioner is that he opposed the seizing of truck in question. In the facts and circumstances stated above, the petitioner above named in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. III, Gaya in connection with Mahkar P.S. Case No. 16 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T