Lavkesh Pratap Rana v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45745 of 2017 Arising Out of PS.Case No. -84 Year- 2017 Thana -AMBA District- AURANGABAD ====================================================== Lavkesh Pratap Rana, Son of Vinay Pratap Rana, R/o House No. 96, Park Colony, Kunda Collery, Bishrampur, Govindpur, Kunda Colly, P.S.- Surajpur, District- Ambikapur (Chattisgarh).
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Santosh Kumar Pandey, Advocate. For the Opposite Party/s : Smt. Asha Devi, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Amba P.S. Case No. 84 of 2017 instituted for the offence under Sections 379 and 411 of the Indian Penal Code.
It has been submitted on behalf of the petitioner that he is owner of the trucks. He was not present on the spot. The driver was having all the valid papers with regard to the slag which was loaded on the trucks.
The allegation in the written report is that during check, the truck of the petitioner along with other trucks loaded with stone chips and ashes were detained and no papers were produced. It is mentioned in paragraph-10 of the bail petition that Drivers have produced all the relevant documents regarding purchase of minerals in question at the time of verification, but the police
Patna High Court Cr.Misc. No.45745 of 2017 (2) dt.21-09-2017 2/2 personnel were adamant not to release the truck. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Amba P.S. Case No. 84 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.