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Patna High CourtCR. MISC./51910/2016bail granted

Binod Singh And ANR v. The State Of Bihar

2017-02-04Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51910 of 2016 Arising Out of PS.Case No. -115 Year- 2016 Thana -AMAS District- GAYA ======================================================

1. Binod Singh, Son of Sri Jairam Singh, Resident of villageGobardhanpur, Police Station- Akodhi Gola, District- Rohtas.

2. Islam Mian, Son of Late Mohiuddin Mian, Resident of VillageKurparia, P.S.- Gandhinagar, Distt- Bokaro (Jharkhand). .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.51233 of 2016 Arising Out of PS.Case No. -115 Year- 2016 Thana -AMAS District- GAYA ====================================================== Suresh Kumar Mahto, Son of Sohan Mahto, Resident of Village-Bahera Charhi, Police Station- Charhi, District- Hazaribagh (Jharkhand) .... .... Petitioner

Versus

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

(In Cr.Misc. No.51910 of 2016) For the Petitioners : Mr. Neerad Parashar, Advocate Mr. Kumar Nikhil, Advocate For the Opposite Party : Md. Ashlam Ansari (APP) (In Cr.Misc. No.51233 of 2016) For the Petitioner : Mr. Neerad Parashar, Advocate For the Opposite Party : Mr. Nawal Kishore Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-02-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Amas P.S. Case No. 115 of 2016 instituted for the offence under Sections 255, 260, 262, 420, 467, 468, 471, 413 and 120(B) of Indian Penal Code.

Patna High Court Cr.Misc. No.51910 of 2016 (3) dt.04-02-2017 2/2 It has been submitted that petitioners are the owner of the trucks. The coal which was found loaded on the trucks were genuine and detail has been mentioned by the petitioners in para-9 of bail petition and those documents have also been annexed as Annexure-2 (series). It has also been stated that trucks were holding a valid Sugam issued from Government of Jharkhand Commercial Taxes Department, which has been annexed as Annexure-3. It has further been submitted that driver and Khalasi, who were apprehended at the spot, has been granted bail by the court below. In the circumstances, prayer of the petitioners for anticipatory bail is allowed.

In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Amas P.S. Case No. 115 of 2016, they shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Sherghatti, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Sanjay Priya, J.) ravi/- U T