Mahendra Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15135 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -SHERGHATI District- GAYA ====================================================== Mahendra Saw son of Bishun Saw, resident of Village- Chauparan, P.S. Chauparan, District Hazaribagh (Jharkhand).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Javed Jafar Khan For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-06-2017 Heard the learned counsel for the petitioner and the learned Additional P.P. for the State.

The petitioner seeks anticipatory bail in connection with Sherghati (Dobhi) P.S. Case No. 14 of 2017, registered for the offence punishable under Sections 413, 414, 420, 384, 467, 468, 471, 120(B) of the Indian Penal Code and Section 33/34 of the Forest Act.

The allegation levelled against the petitioner is that some people were trying to cross their truck through the Dobhi check post without valid papers and during the course of search three persons were apprehended by the police, who disclosed that illegal entry mafia of the truck is operating and facilitating illegal transit by paying a sum of Rs. 500/- to the officials. The said persons who were apprehended by the police disclosed the name of the petitioner and some other

Patna High Court Cr.Misc. No.15135 of 2017 (3) dt.14-06-2017 2/2 accused persons.

Learned counsel for the petitioner submits that the petitioner has not been apprehended from the spot. It is the further submission of the learned counsel for the petitioner that similarly situated co-accused persons have been granted bail vide order dated 03.05.2017, 22.03.2017, 11.04.2017 and 30.03.2017 passed in Cr. Misc. No. 14195 of 2017, 13164 of 2017, 12810 of 2017 and 30.03.2017, respectively.

Having regard to the facts and circumstances of the case, I am of the view that the petitioner is also entitled for grant of anticipatory bail.

Accordingly, in the event of his arrest or surrender in the Court below within a period of four weeks from today, let the above named petitioner be enlarged on bail on furnishing bailbonds of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sherghati in connection with Sherghati (Dobhi) P.S. Case No. 14 of 2017, subject to the conditions laid down under Section 438(2) Cr. P. C. (Mohit Kumar Shah, J) BTiwary/- U T