Mantosh Kumar Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6785 of 2019 Arising Out of PS. Case No.-216 Year-2018 Thana- BARUN District- Aurangabad ======================================================

1. Mantosh Kumar Singh, Son of Tileshwar Singh, Resident of VillageJamuhar, P.S.- Dehri on Sone, District- Rohtas.

2. Manjeet Kumar Singh @ Manjit Kumar Singh, S/O Late Vishwanath Singh Resident of Village-Chobeya, P.S.- Sasaram (Muffasil), District-Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr. Advocate Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Binod Kumar No.3, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-02-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Barun P.S. Case No.216 of 2018, registered for the offences punishable under Sections 379, 420/34 of the Indian Penal Code and Section 4, 40 of Bihar Mines and Minerals Concession Rules, 1972.

Allegation has been made that on 17.11.2018 when the informant along with police official, who were on patrolling duty, reached near village Chamani in chat of Patna Canal, one loader machine was loading sand over one truck but the driver

Patna High Court Cr.Misc. No.6785 of 2019(2) dt.06-02-2019 2/3 of the truck fled away from there.

Learned counsel for the petitioners submits that the petitioner no.1 is owner and the petitioner no.2 is driver of alleged loader machine. The petitioners have got no criminal antecedents.

Looking to the entire facts and circumstances of the case, let the petitioners, above-named, be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad , in connection with Barun P.S. Case no.216 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with a further condition that if the petitioners, after their release in this case, are again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of their bail bonds.

(Shivaji Pandey, J) V.K.Pandey/-

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