Ravi Ranjan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22764 of 2019 Arising Out of PS. Case No.-61 Year-2019 Thana- HARNAUT DistrictNalanda ====================================================== Ravi Ranjan Sharma, male, aged 54 years, S/o Late Krishna Nandan Prasad, R/O Vill.- Poari, P.S.-Harnaut, Dist.- Nalanda. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Shubhesh Pandey, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 379 of the Indian Penal Code, 04, 21 of M.M. (D.R.) ACT, 1957, 04/40 of B.M.M. Rules, 1972 and Section 4, 5(a), 5(c), 8(a) of Bihar Prevention of Illegal Mining Transportation and Storage Rules, 2003 registered in connection with Harnaut P.S. Case No. 61 of 2019.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and nothing was recovered from the tractor of the petitioner. It is submitted that the petitioner has no concern with the JCB machine rather he merely happens to be the owner of one of the tractors standing near the JCB machine. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.22764 of 2019(2) dt.10-04-2019 2/2 Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Biharsharif in connection with Harnaut P.S. Case No. 61 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T