Vikky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.298 of 2020 Arising Out of PS. Case No.-202 Year-2019 Thana- TEKARI District- Gaya ====================================================== Vikky Kumar Son of Vishwanath Yadav, Resident of Village - Janai bigha, P.S.- Goh, Distt - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithivi Raj Singh For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 25-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Tikari (Panchanpur) P.S. Case No.202 of 2019 registered for offence punishable under sections 379 and 411 of the Indian Penal Code and 15 E.P. Act, 4 and 21 M.M. (D&R Act) 1957, 4/40 of BMMC Rules-1972 & Rule-6 sub-rule 4/5(a) 15 (e) and 18 (a) of Bihar Mineral (IMT) & Bhandran Prohibition Rules 2003.

Allegation has been made that the petitioner is a driver carrying load of illegal sand having quantity of 125 cft. The petitioner has no criminal antecedent.

Looking to the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he, in the

Patna High Court CR. MISC. No.298 of 2020(2) dt.25-02-2020 2/2 event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-VI, Gaya in connection with Tikari (Panchanpur) P.S. Case No.202 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. If the petitioner is found involved in similar type of allegation in future, the prosecution will have liberty to file an application for cancellation of his bail bond. (Shivaji Pandey, J) Mahesh/- U T