Patna High CourtCR. MISC./51009/2018bail granted

Ram Bilash Singh v. State Of Bihar And ANR

2018-09-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51009 of 2018 Arising Out of PS.Case No. -134 Year- 2018 Thana -BARUN District- AURANGABAD ======================================================

1. Ram Bilash Singh S/o Somaru Singh, R/o Vill.- Malpur, P.S.- Barun, District- Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Secretary Bihar Mines and Mineral Department Govt. of Bihar, Patna.

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

For the Petitioner/s : Mr.S.K.Singh For the Opposite Party/s : Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2018 Heard the parties.

The petitioner seeks pre-arrest bail in Barun P.S.Case No.134 of 2018 registered for the offence under Sections 379, 411, 420/34 of Indian Penal Code.

Allegation against the petitioner is of engaging in transporting illegal sand with loaded truck.

Submission of the learned counsel for the petitioner is that the petitioner is the owner of the truck and offence under Section 379 of the I.P.C. is not attracted and so far other sections are concerned, the same are bailable in nature. He has got no criminal history.

Patna High Court Cr.Misc. No.51009 of 2018 (2) dt.04-09-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad, in Barun P.S.Case No.134 of 2018 subject to the conditions as laid down under Section 438(2) of Cr.P.C. and (1) one of the bailors must be a local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) the petitioner will not induce any witness or tamper with the evidence and the petitioner shall co-operate in the investigation of the case and make himself available as and when required by the police, otherwise, the prosecution is free to move for cancellation of his bail bond.

(Vinod Kumar Sinha, J) AnilKrSinha/- U