Patna High CourtCR. MISC./51605/2018bail granted

Pintu Yadav And ANR v. The State Of Bihar

2018-10-09Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51605 of 2018 Arising Out of PS.Case No. -137 Year- 2017 Thana -ARIYARI District- SEKHPURA ======================================================

1. Pintu Yadav Son of late Naresh Yadav

2. Kundan Yadv son of Suresh Yadav Both R/o Village- Ranka, P.S. Ariyari, District- Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anjani Pd. Singh, Advocate For the Opposite Party/s : Mr. Ram Priya Saran Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-10-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 379/413/414 of the Indian Penal Code, Sections 4/40 of the BMMC Rules and Section 5(a)/5(c)/8(a) of the Bihar Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2003.

According to FIR, some unknown person were found removing the stones which fell down from the mountain in rainfall. During investigation in the confessional statement of coaccused name of the petitioners surfaced. Submission is that co-accused Shambhu Yadav

Patna High Court Cr.Misc. No.51605 of 2018 (2) dt.09-10-2018 2/2 and Binod Yadav have been allowed anticipatory bail vide Annexure-2. The petitioners have stated on oath that they have got no criminal antecedent.

Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Ariyari Police Station Case No. 137 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Mkr./- U T