Chhabbu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18806 of 2019 Arising Out of PS. Case No.-272 Year-2017 Thana- DALSINGHSARAI District- Samastipur ====================================================== Chhabbu Rai, Son of Late Jai Prakash Rai, Resident of Village and P.OChaita, Police Station-Angar Ghat, District-Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Prakash Sharma For the Opposite Party/s :

Mr. Rajeev Nayan (APP 231) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-03-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for anticipatory bail, arises out of Dalsingh Sarai Police Station Case No. 272 of 2017, disclosing offences punishable under Section 379 of the Indian Penal Code and Section 40 of the Bihar Minerals Rule 1972. A truck bearing registration no. BR-01GB/8082 was seized by the In-charge Mining Officer, Samastipur, which was found loaded with stone chips. The driver of vehicle did not produced any valid challan in respect of the said stone chips. The petitioner is the owner of said truck.

Learned counsel, appearing on behalf of the petitioner has submitted that there is no allegation that the petitioner's

Patna High Court CR. MISC. No.18806 of 2019(2) dt.28-03-2019 2/2 truck was being used for illegal purpose with his consent or within his knowledge. He has also submitted that the driver of the said vehicle has been released on bail.

Considering the facts and circumstances, as noted above, this application is allowed.

Let the petitioner, above-named, 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 the learned A.C.J.M.-I, Dalsingh Sarai, DistrictSamastipur in connection with Dalsingh Sarai Police Station Case No. 272 of 2017, 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 bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Ashish/- U T