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Patna High CourtCR. MISC./62898/2018bail granted

Dani Yadav v. The State Of Bihar

2018-10-11Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62898 of 2018 Arising Out of PS.Case No. -465 Year- 2018 Thana -SHEKHPURA District- SEKHPURA ======================================================

1. Dani Yadav, Son of Bhuvneshwar Yadav, Resident of Village- Kare, P.S.- Sheikhpura, District- Sheikhpura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Kashyap For the Opposite Party/s : Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 232, 307, 353, 379, 427, 337, 338 of the Indian Penal Code and 3⁄4 of Prevention to Damage of Public Property Act.

The prosecution case, in brief, is that in course of inspection of Aman Sethi Hill, the informant found some tractors overloaded with stone without valid Mining Challan. When the informant caught the tractors, some miscreants started to throwing stone on police force.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of

Patna High Court Cr.Misc. No.62898 of 2018 (2) dt.11-10-2018 tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. No specific overt act has been attributed against the petitioner. General and omnibus allegation has been made against the petitioner. No injury has been attributed against the petitioner. Altogether 12 persons have been named in the FIR along with unknown persons.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura P.S. Case No. 465 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T