Uday Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75084 of 2018 Arising Out of PS. Case No.-362 Year-2018 Thana- CIVIL LINE District- Gaya ====================================================== Uday Prasad Son of Ashok Prasad Resident of Village- Kistipur, Police Station- Dhanarua, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh For the Opposite Party/s :

Mr. Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-12-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is apprehending arrest in connection with Civil Lines P.S.Case No. 362 of 2018 for the offence under sections 461 and 379 of the Indian Penal Code and sections 411 and 414 was added later.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent. He submits that two brothers are partners and truck owned by them was found carrying answer sheet of matriculation 2017 examination. Learned counsel submits petitioner is unaware of the fact that the driver in connivance with others have loaded the aforesaid answer sheet in the vehicle which was unauthorised. Learned counsel further submits that out of two

Patna High Court Cr.Misc. No.75084 of 2018(2) dt.18-12-2018 2/2 partners, one is languishing in jail. He undertakes that henceforth he will see that the truck may not be used in any illegal activities.

On undertaking of the petitioner, the Court is inclined to grant anticipatory bail, let the petitioner, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Civil Lines P.S. Case No. 362 of 2018 on the condition that in the event the truck of the petitioner is found used in such activities in future, the court below would be at liberty to cancel the bail bond in this case with other condition as laid down under section 438(2) of the Cr.P.C. (Anil Kumar Upadhyay, J) Ravi/- U T