Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17801 of 2019 Arising Out of PS. Case No.-6 Year-2019 Thana- BARUN District- Aurangabad ====================================================== Vikash Kumar, S/o Vijay Singh @ Vijay Kumar Singh, Resident of VillageParaiya, P.S.- Baroon, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-03-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Baroon P.S. Case No. 6 of 2019 dated 07.01.2019 instituted for the offences under Sections 379, 411, 420 and 34 of the Indian Penal Code, Section 4 and 40 of the Bihar Minor Mineral Concession Rule and Section 15 of the Environmental Protection Act.

The petitioner and about nine others are said to have run away from near a tractor which was intercepted by the Mining authorities. The petitioner and others are said to have been identified in the light of the truck and of the motorcycles on which the accused persons are said to have fled away.

Patna High Court CR. MISC. No.17801 of 2019(2) dt.28-03-2019 2/2 The accusation, it has been urged on behalf of the petitioner, is absolutely unbelievable. The prosecution has been launched by the Mining Authorities and it is rather difficult to presume that they would identify the petitioner and others in the light of the intercepted vehicle as also the vehicle which was used for fleeing away from the place of recovery.

Considering the aforestated facts and clean antecedents of the petitioner as well as the fact that the other accused persons have already been granted anticipatory bail, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Baroon P.S. Case No. 6 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T