Binay Kumar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.30115 of 2017 (3) dt.24-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30115 of 2017 Arising Out of PS.Case No. -27 Year- 2017 Thana -RISHIUP District- AURANGABAD ======================================================

1. Binay Kumar Singh, son of Rampravesh Singh, Resident of Satyendra Nagar, Police Station- Aurangabad Town, District- Aurangabad (Owner of Truck No. BR- 26 H- 7909 and CG 04 JC 6909).

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Surya Swetabh, Adv For the Opposite Party/s : Mr. Sri Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Risiup P.S. Case No. 27 of 2017 instituted for the offence under Sections-406, 413, 420, 467, 468/471, 120B of the Indian Penal Code.

It has been submitted on behalf of the petitioner that he is the owner of both the trucks referred in written report in question. It is alleged that two trucks, loaded with stone chips, coal etc. were stopped on suspicion. The respective drivers produced papers, which was found to be fake. The petitioner is owner of the aforesaid trucks. He was not available with the truck.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on

Patna High Court Cr.Misc. No.30115 of 2017 (3) dt.24-07-2017 furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Risiup P.S. Case No. 27 of 2017 to the satisfaction of learned Additional Chief Judicial MagistrateVIII, Aurangabad subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) A.K.V./- U T