Dhirendra Singh @ Dhiru @ Dhiru Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34770 of 2016 Arising Out of PS.Case No. -38 Year- 2016 Thana -NAVHATTA District- SASARAM (ROHTAS) ====================================================== DHIRENDRA SINGH @ DHIRU @ DHIRU SINGH, son of Shri Ramu Singh, resident of village: Tihura, P.S: Chutia, District: Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy, Advocate For the Opposite Party/s : Mr. Md. Sufiyan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 31-08-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends arrest in connection with Nauhatta P.S. Case No. 38/16 for offences alleged under Sections 379, 411/34 of the Indian Penal Code and under Sections 33, 41, 42 of the Indian Forest Act.

Allegation is that co-accused Ramesh Oraon was apprehended with tractor loaded with illegal stone chips and he disclosed the name of the petitioner as the owner of the tractor, which was without registration number.

It has been submitted by the learned counsel for the petitioner that he has not been apprehended with any incriminating article and the driver one Ramesh Oraon was

Patna High Court Cr.Misc. No.34770 of 2016 (2) dt.31-08-2016 2/2 apprehended at the spot, who disclosed the name of the petitioner as the owner of the said tractor where the stone chips were being carried. He submits that the said tractor was given on lease and that the petitioner has no criminal history, as is evident from paragraph 3 of this petition.

However, learned APP for the State submits that the petitioner has been named by the co-accused, hence, opposes the prayer for bail.

Be that as it may, since the petitioner was not apprehended with illegal stone chips and has a clean antecedent, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of eight weeks from today, 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 Sri Kavindra Kumar, learned Judicial Magistrate 1st Class, Rohtas at Sasaram, in connection with Nauhatta P.S. Case No. 38/16, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nilu Agrawal, J.) Rajesh/- U T