Patna High CourtCR. MISC./30782/2016bail granted

Binod Kumar v. The State Of Bihar

2016-09-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30782 of 2016 Arising Out of PS.Case No. -74 Year- 2016 Thana -KAKO District- JEHANABAD ====================================================== Binod Kumar son of Late Devan Prasad, resident of village Nadaul Golapar P.S. Masaurhi District Patna.

.... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner : Mr. Paras Nath, Advocate. For the Opposite Party : Mr. Smt. Indu Bala Pandey (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody in connection with Kako P.S. Case No. 74 of 2016 for the offences instituted under Sections 379, 411, 413, 414 of the Indian Penal Code and Section 11(A) and (K) of Prevention of cruelty to Animal Act. The prosecution story, in brief, is that the petitioner being the driver of pick up van bearing registration no. BR-1AE6164 was apprehended, while he was carrying the buffaloes of the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.05.2016. The charge sheet has been submitted in the present case. The petitioner has got no

Patna High Court Cr.Misc. No.30782 of 2016 (3) dt.08-09-2016 2/2 criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is the driver of the pick up van. He has no concern with the buffaloes in question nor he had any knowledge that the said buffaloes are stolen property. The van was hired only for the purpose of transporting the said buffaloes by co-accused. On behalf of the state it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 learned Sub-Judge-IV-cumA.C.J.M., Jehanabad, in connection with Kako P.S. Case No. 74 of 2016.

(Sudhir Singh, J.) Amit/- U T