Patna High CourtCR. MISC./15348/2017bail granted

Santosh Kumar Singh v. The State Of Bihar

2017-04-07Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15348 of 2017 Arising Out of PS.Case No. -56 Year- 2016 Thana -MALI District- AURANGABAD ====================================================== Santosh Kumar Singh Son of Late Rajeshwar Singh, Resident of VillageKanchanpur, P.S.- Sasaram, District- Rohatas. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Arbind Kumar Singh For the Opposite Party/s : Mr. Uday Chand Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-04-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Mali P.S. Case No. 56 of 2016 for the offences instituted under Sections 379, 420, 411 of the Indian Penal Code and Sections 3, 4, 5 of Bihar Illegal Mines Act.

The allegation against the petitioner is that he was carrying stone chips by Hywa vehicles from Karwandiya illegally. Thereafter the police reached at the place of occurrence and recovered the stone chips which were loaded on Hywa trucks. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.15348 of 2017 (2) dt.07-04-2017 2/2 petitioner has falsely been implicated in the present case. The petitioner is owner of the truck in question, which was carrying stone chips. The challan and other supporting documents show that the petitioner has been made accused due to mistake of fact. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Mali P.S. Case No. 56 of 2016 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Sandeep Agnihotri, J.M.1st Class, Aurangabad, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T