Patna High Court - Orders
Dinesh Kumar Yadav @ Dinesh Yadav vs The State Of Bihar on 30 March, 2018
Author: Mohit Kumar Shah
Bench: Mohit Kumar Shah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6054 of 2018
Arising Out of PS.Case No. -41 Year- 2017 Thana -CHANAN District- LAKHISARAI
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Dinesh Kumar Yadav @ Dinesh Yadav, son of Late Sukhdeo Yadav,
Resident of Village- Harbanspur, P.S. Chanan, District- Lakhisarai.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s
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Appearance:
For the Petitioner/s : Mr. Prakash Kumar
For the Opposite Party/s : Mr. Rajeev Nayan
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
3 30-03-2018Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Chanan P.S. Case No. 41 of 2017 registered under Sections 147, 148, 149, 436, 427, 302 and 379 of the Indian Penal Code, Section 27 of the Arms Act, Sections 4 and 40 of the Minor Mineral Prevention of Illegal Mining, Transportation and Storage Rule, 2003 and Sections 16, 18B and 20 of the U.A.P. Act, 1967.
The case of the prosecution is that more than 22 persons had attacked the persons engaging in mining sand and burnt the J.C.B., Trucks, Tractors, Motorcycles etc. and subsequently when the Police had come it was found that the driver of the J.C.B. had been shot dead.
Patna High Court Cr.M isc. No.6054 of 2018 (3) dt.30-03-20182/3
The learned counsel for the petitioner submits that the name of the petitioner has been dragged in the present case merely on the basis of the suspicion and in fact there is no eye witness to the said occurrence. It is further submitted that no material has come in the case dairy to suggest that the petitioner was the person who shot dead the driver of the J.C.B. It is further submitted that similarly situated co-accused person has already been granted bail by this Court vide order dated 21.02.2018 passed in Criminal Misc. No. 5536 of 2018.
It is further submitted by the learned counsel for the petitioner that his plea of alibi has been found to be correct during the course of investigation as is apparent from paragraph no. 148 of the case diary.
Having regard to the facts and circumstances of the case, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Lakhisarai in connection with Chanan P.S. Case No. 41 of 2017 subject to the conditions as laid down under Patna High Court Cr.M isc. No.6054 of 2018 (3) dt.30-03-2018 3/3 Section 438(2) of the Code of Criminal Procedure.
It is directed that the petitioner shall cooperate with investigation and mark his attendance at the concerned Police Station at 10:00 A.M. on every Monday of the week and in case of two consecutive defaults, the present privilege of anticipatory bail shall stand cancelled automatically.
(Mohit Kumar Shah, J) S.Sb/-
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