Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22886 of 2016 Arising Out of PS.Case No. -26 Year- 2016 Thana -NARDIGANJ District- NAWADA ======================================================

1. Rajesh Kumar, son of Krishna Prasad, resident of village Mohanpur, Police Station- Nalanda, District- Nalanda at Biharsharif. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mritunjay Kumar For the Opposite Party/s : Mr. Abhay Kr. Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-07-2016 The certified copy of the First Information Report of Nardiganj Police Station Case No. 26 of 2016 has been filed on behalf of the petitioner, let the same be kept on record.

Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Nardiganj Police Station Case No. 26 of 2016, disclosing offences under Section 379 of the Indian Penal Code and Section 40 of the Bihar Minor Minerals Concession Rules, 1972 and Section 8 of the Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2003. Learned Counsel for the petitioner has

Patna High Court Cr.Misc. No.22886 of 2016 (3) dt.13-07-2016 2/3 submitted that he is owner of the truck, bearing Registration No. BR 21G-1145. He has submitted that owners of 6 (six) trucks have been made accused in the present case and three of them have been granted the privilege of anticipatory bail by this Court, vide order dated 30.05.2016, passed in Criminal Misc. No. 23969 of 2016. He has brought before me the certified copy of the said order, dated 30.05.2016, for perusal.

Considering the above submission, this application is allowed.

Let the petitioner, Rajesh Kumar, 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 Sub Divisional Judicial Magistrate, Nawada, in connection with Nardiganj Police Station Case No. 26 of 2016, 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

Patna High Court Cr.Misc. No.22886 of 2016 (3) dt.13-07-2016 3/3 cancelled.

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