Yadolal Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45497 of 2019 Arising Out of PS. Case No.-280 Year-2013 Thana- KESARIA District- East Champaran ====================================================== Yadolal Patel, aged about 31 years, Male, S/o Shivlal Patel, Resident of Village- Rakhahi, P.S.- Shikarpur, District- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar, Advocate For the Opposite Party/s :
Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Kesariya P.S. Case No. 280 of 2013 registered for the offences under Sections 328/395 of the Indian Penal Code. The prosecution case in brief is that the informant Mishrilal gave his fardbeyan in S.K.M.C.H., Muzaffarpur in Emergency Ward alleging therein that he is driver of truck bearing Registration No.NL01K-5161 to Darbhanga with the truck loaded with paddy chaff and when he reached at Jagirha village near temple he felt call of nature then he stopped the truck near a temple and went to call of nature. After call of nature, they sat on the truck and started it then a Bolero vehicle came in front of the truck and stopped his way and 6-7 persons
Patna High Court CR. MISC. No.45497 of 2019(3) dt.18-11-2019 2/3 came out from the Bolero vehicle and started beating to him and put the gun on his temple and took out the informant and his cleaner from the truck and forced them to sit on the Bolero and they injected them then they became senseless and took out his Samsug mobile, Pn Card, R.C. Book, S.B.I. ATM Card and cash Rs.15,000/ from the informant's pocket.
Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R. and nothing incriminating article has been recovered from the possession of the petitioner. Learned counsel for the petitioner further submits that the allegation against the petitioner is that he provided the space for keeping rice bran. He further submits that the petitioner was absolutely not aware of the fact that rice bran in question was stolen property.
Learned counsel for the State submits that process under Sections 82 and 83 Cr.P.C. has been issued. Accordingly, the anticipatory bail petition is not maintainable. In the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail to the petitioner is hereby rejected. However, the petitioner is directed to surrender before
Patna High Court CR. MISC. No.45497 of 2019(3) dt.18-11-2019 3/3 the court below and the learned court below passed the order on the same day without being prejudiced by this order. (Anjani Kumar Sharan, J) Nasimul/- U T