Bijendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30746 of 2017 Arising Out of PS.Case No. -45 Year- 2017 Thana -JAMHORA District- AURANGABAD ====================================================== Bijendra Prasad, Son of Bishesar Mehta, Resident of Village- Gira, P.S.- Jamhore, District- Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Binod Kumar Pandey, Advocate. For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Jamhore P.S. Case No. 45 of 2017 instituted for the offence under Section 40 of Bihar Minor Act and Mineral Concession Rule, 1972. There is allegation against the petitioner that he is running brick-kiln without paying government tax and obtaining such certificate from Pollution Board.

It has been submitted on behalf of the petitioner that he has already deposited the amount as it would appear from Annexure-2 and the same has also been mentioned in the impugned order.

In such circumstances, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the

Patna High Court Cr.Misc. No.30746 of 2017 (3) dt.21-07-2017 2/2 petitioner, named above, within six weeks from today, in connection with Jamhore P.S. Case No. 45 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) 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) S.Ali/- U T