Bijay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5128 of 2019 Arising Out of PS. Case No.-68 Year-2018 Thana- NAVINAGAR District- Aurangabad ====================================================== Bijay Singh, son of Sri Ramrekha Singh, Resident of village- Pachambha, Police Station- Japla, District- Palamu, Jharkhand. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Nivedita Nirvikar For the Opposite Party/s :

Mr. R.B. Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-02-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Nabinagar Police Station Case No. 68 of 2018, disclosing offences under Sections 379 and 420 of the Indian Penal Code, Sections 4(I) and 4(IA) of Mines and Minerals (Development and Regulation) Act, 1957 and Sections 26(A), 27 and 40 of Bihar Minor Mineral Concession Rules Act.

Learned Counsel appearing on behalf of the petitioner submits that no offences under Sections 379 and 420 of the Indian Penal Code is made out on the basis of what has been alleged in the First Information Report. Punishment under Rule 40 of Bihar Minor Mineral Concession Rules, 1972, is

Patna High Court Cr.Misc. No.5128 of 2019(4) dt.01-02-2019 2/2 extendable up to six months.

Considering the above, this application is allowed. Let the petitioner, Bijay Singh, 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 - I, Aurangabad, in connection with Nabinagar Police Station Case No. 68 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) ragini/- U √ T √