Patna High CourtCR. MISC./60418/2017bail granted

Iskat Ali @ Iskod v. State Of Bihar And ANR

2017-12-21Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60418 of 2017 Arising Out of PS.Case No. -68 Year- 2017 Thana -POWAKHALI District- KISANGANJ ====================================================== Iskat Ali @ Iskod S/o Abdul Sattar , R/o Village- Dhoom Nagar, Kutti, P.S.- Kochadhaman, District- Kishanganj.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Department of Mines, Govt. of Bihar, Patna. .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Syed Mohammad Shabbir Alam, Advocate For the Opposite Party : Mr. Satyendra Prasad, APP For the Mines Mr. BB Tiwary, Spl.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 21-12-2017 Heard counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for offence under section 379 of the IPC and sections 75 to 80 of the Bihar Minor Mineral Rules, 2017 for theft of sand causing loss of Rs.6000/- in respect of two tractors carrying sand.

Counsel for the petitioner submits that he is merely the driver of one of the tractors vans and has nothing to do with the sand. He has no antecedent and is in custody since 1.11.2017. In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as mentioned above, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri DK Pandey, Judicial Magistrate, 1st class, Kishanganj in Powakhali Police Station Case No. 68 of 2017 on the following conditions:- (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how

Patna High Court Cr.Misc. No.60418 of 2017 (2) dt.21-12-2017 2/2 he is related with him. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (b) The petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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