Patna High CourtCR. MISC./5434/2017bail granted

Vinod Kumar v. The State Of Bihar

2017-02-06Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5434 of 2017 Arising Out of PS.Case No. -134 Year- 2016 Thana -NAWADA MUFFASIL District- NAWADA ====================================================== Vinod Kumar, S/o-Gopal Sao, R/o-Village-Puraini, P.S.-Giriyak, DistrictNalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Devendra Prasad Singh For the Opposite Party/s : Mr. Sri Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 06-02-2017 The petitioner is apprehending his arrest in connection with Mufassil P.S. Case No. 134 of 2016 instituted for the offences punishable under Sections 420, 406, 379/34 of the Indian Penal Code and has approached this Court for grant of anticipatory bail.

The case has been registered against the F.I.R. named accused persons alleging that they were found extracting of milk illegally from Dairy Milk Van.

Learned counsel for the petitioner submits that he has neither named in the First Information Report nor his named was disclosed by apprehended people. He is only the owner of the pick-up van and from the allegation no offence has been made out. The petitioner has no criminal antecedent and he deserves anticipatory bail.

Patna High Court Cr.Misc. No.5434 of 2017 (2) dt.06-02-2017 2/2 It appears that the police party seized three pick-up vans over which the milk was being loaded from Milk Dairy Van. The petitioner happens to be owner of one of the pick-up van, who admittedly was not at the place of occurrence, I am inclined to extend him the privilege of anticipatory bail. Let the petitioner above named, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M. Nawada in Mufassil P.S. Case No. 134 of 2016 subject to the condition as laid down under Section 438(2), the code of Criminal Procedure with further condition that one of the bailors shall be his own/close family member. (i) The petitioner shall appear on each date fixed at the trial.

(ii) In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel his bail bonds.

(Sanjay Kumar, J) rohit/- U T