Mathura Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4506 of 2019 Arising Out of PS. Case No.-47 Year-2018 Thana- JAIPUR District- Banka ======================================================

1. MATHURA YADAV s/o Late Sahdeo Yadav Resident of Village- Kanibel, P.S.-Katoriya, District- Banka

2. Laxman Yadav s/o Kishan Yadav Resident of Village-Pekna, P.S.- Katoriya, District-Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-01-2019 Heard the parties.

The petitioners are apprehending their arrest in connection with Jaipur P.S.Case no.47 of 2018 , registered for offences punishable under Sections 379 and 411 of the Indian Penal Code Section 4/40 of B.M.M.C. rules,1972 and Sections 4/21 (4A) of M.M.D.R. Act, 1957.

Allegation against the petitioners is of commuting theft of the sand and the police on information reached there and the accused persons fled away from there as well as 70-75 CFT sand were found loaded there.

Submission of the learned counsel for the petitioners is that they have deposited the amount in the Government Treasury and they are ready to abide by any condition imposed

Patna High Court Cr.Misc. No.4506 of 2019(2) dt.29-01-2019 2/2 upon them.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, surrender before the court below within a period of six weeks from the date of order and on surrender he be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st, Banka, in connection with Jaipur P.S.Case No.47of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure with condition that he they are found accused in similar type of case, the prosecution shall move for cancellation of the bail bond. Let a copy fo this order be sent to the S.P., Banka also. With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T