Jogender Singh @ Yogendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75278 of 2018 Arising Out of PS. Case No.-137 Year-2018 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Jogender Singh @ Yogendra Singh Son of Deep Chand, Resident of VillageJahangirpur, P.S. Jhajjar, District- Jhajjar, Haryana. At present residing at House No. 131, Sector- 6, R.K. Puram, Sector-5 SO, South West Delhi, P.S.- R.K. Puram, Delhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mr. Sri Satyadev Prasad Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is apprehending his arrest for the offences registered under Sections 272, 273, 308 of the Indian Penal Code and Section 30 (a), 34, 36, 38 and 41 (i) of the Bihar Prohibition and Excise Act, 2016.

It is submitted by counsel for the petitioner that named accused Guddu Tiwary and Shambhu Yadav have been allowed bail in Cr. Misc Nos. 41124 of 2018 and 38248 of 2018. Petitioner has been implicated in this case merely because he is owner of the tractor in question. During course of investigation his name has surfaced. The seizure was not from his possession and in accordance with the procedure prescribed under Section 100 Cr.P.C. The petitioner has no criminal antecedent. In the facts and circumstances of the case, prayer for

Patna High Court Cr.Misc. No.75278 of 2018(2) dt.19-12-2018 2/2 anticipatory bail of the petitioner is allowed. Let the above named petitioner, in the facts and circumstances of the case, in the event of his arrest or surrender within four weeks from today, be released on bail on his furnishing bonds of Rs 10,000.- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional District and Sessions Judge-2nd-cum-Special Judge, Siwan in G.B. (Gautambudhnagar) P.S. Case No. 137 of 2018 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code.

(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U