Patna High CourtCR. MISC./8415/2018allowed

Pawan Kumar v. The State Of Bihar

2018-02-17Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.8415 of 2018 (2) dt.17-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8415 of 2018 Arising Out of PS.Case No. -67 Year- 2017 Thana -MARANCHI District- PATNA ======================================================

1. Pawan Kumar S/o Biso Yadav, R/o Village- Bintha, P.S.- Karande, District- Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kishor Prasad, Adv. For the Opposite Party/s : Mr. Sri Sanjay Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-02-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Maranchi Police Station Case No. 67 of 2017, disclosing offences under Sections 379 of the Indian Penal Code and 4/40 of the Bihar Minor Mineral Concession Rule, 1972 and 3/8 of the Bihar Mining Transportation and Storage Rule, 2003. Learned counsel for the petitioner has submitted that petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner only happens to be driver of one of the alleged vehicle and nothing incriminating has been recovered from the petitioner. Hence, the petitioner deserves the privilege of anticipatory bail.

Patna High Court Cr.Misc. No.8415 of 2018 (2) dt.17-02-2018 Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 learned Additional Chief Judicial Magistrate, Barh, in connection with Maranchi Police Station Case No. 67 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T