Santosh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8449 of 2016 Arising Out of PS.Case No. -603 Year- 2015 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ======================================================

1. Santosh Kumar Singh S/o Sri Rajnath Singh R/o Soura, P.S. Dehri, P.O. Pahleja, District - Rohtas .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Mohan Mishra For the Opposite Party/s : Mr. Uday Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-07-2016 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Dehri Nagar P. S. Case No. 603 of 2015, disclosing offences under Sections 353, 506 of the Indian Penal Code and Sections 31,41,42 of the Forest Act, the Bihar Minerals Act and "4(1) (A), 21(1) (D) (E) Act".

Allegedly, in course of patrolling, the informant who was posted as Sub Inspector of Police, Dehri Nagar Police Station, detected a Hyba truck without having any registration number, loaded with illegal stone chips. The Police party are said to have chased the vehicle in order to intercept. It is alleged that the occupants of the said vehicle horribly started dropping the stone chips. In the meanwhile, the petitioner is said to have come and obstructed the police

personnel in seizing the vehicle.

Learned counsel appearing on behalf of the petitioner has submitted that offence punishable under Section 353 of the Indian Penal Code is not made out on the basis of allegation made in the First Information Report. He has further submitted that other offences levelled in the First Information Report are bailable.

Considering the submissions so advance and the facts that the petitioner has no criminal antecedent, this application is allowed. Let the petitioner above-named in the event of his arrest/surrender within four weeks from today in the court below 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 the learned Chief Judicial Magistrate, Rohtas at Sasaram in Dehri Nager P. S. Case No. 603 of 2015, subject to the condition as 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 bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) ArunKumar/- U