Ranjit Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51997 of 2017 Arising Out of PS.Case No. -69 Year- 2017 Thana -MANPUR District- NALANDA (BIHARSHARIFF) ====================================================== Ranjit Paswan, S/o Rajendra Paswan, R/o Village- Gongripur, P.S.- Manpur, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binit Kumar, Advocate. For the Opposite Party/s : Smt. Veena Rani Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Manpur P.S. Case No. 59 of 2017 instituted for the offence under Section 379 of the Indian Penal Code and rule 4/40 of Bihar Mines and Mineral Rules, 1972 and Section 8(d) of Bihar Mines Act, 2003. Learned counsel for the petitioner has submitted that he is owner of the tractor mentioned at Sl. No. 9 in the seizure list. It is mentioned in the seizure list that the tractor of the petitioner was found but sand was not loaded on the aforesaid tractor. It is mentioned in paragraph-3 of the bail petition that petitioner has clean antecedent.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the

Patna High Court Cr.Misc. No.51997 of 2017 (2) dt.09-11-2017 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Manpur P.S. Case No. 69 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 Additional Chief Judicial Magistrat-III, Nalanda at Biharsharif, 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