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Patna High CourtCR. MISC./17759/2017bail granted

Santosh Yadav v. The State Of Bihar

2017-04-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17759 of 2017 Arising Out of PS.Case No. -15 Year- 2017 Thana -JAMHORA District- AURANGABAD ======================================================

1. Santosh Yadav, Son of Bhola Yadav, Resident of Village- Manjhiyowa, Madhuwan Tola, Police Station- Nokha, District- Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Tiwary, Adv. For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary, APP For the Mines Dept. : Mr. Rajendra Prasad, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-04-2017 The petitioner seeks regular bail in connection with Jamhor P.S. Case No. 15 of 2017, registered for offences punishable under Section 379, 411, 420, 406/34 of the Indian Penal Code and Section 3, 4 and 5of Bihar Mines and Minerals Act and Section 33, 41 and 42 of Indian Forest Act. Allegation against the petitioner that he was carrying stone chips without having valid permit/challan. It has been submitted on behalf of the petitioner that petitioner only happens to be the driver of the Truck from which the stone chips were seized. Petitioner has no criminal antecedent and has been in judicial custody since 07.02.2017. Heard learned A.P.P. also.

Having heard both sides, considering the facts and

Patna High Court Cr.Misc. No.17759 of 2017 (3) dt.21-04-2017 2/2 circumstances of the case, nature of allegation, period of custody and also petitioner has no criminal antecedent, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Jamhor P.S. Case No. 15 of 2017.

It is also made clear that if the petitioner again found involved in any of such offence, in future, prosecution will be free to move for cancellation of his bail bonds.

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