Patna High CourtCR. MISC./46862/2016bail granted

Shambhu Kumar And ANR v. The State Of Bihar

2016-12-13Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46862 of 2016 Arising Out of PS.Case No. -325 Year- 2016 Thana -BARBIGHA District- SHEIKHPURA ======================================================

1. Shambhu Kumar Son of Late Aditya Singh

2. Shankar Prasad Yadav Son o Bisho Yadav Both are resident of VillageMaranchi, P.S.- Maranchi, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Adv. For the Opposite Party/s : Mr. S. Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-12-2016 Heard both sides.

The petitioners apprehend their arrest in Barbigha (keoti O.P.) P.S. Case No. 325/2016, registered for the offences punishable under Sections 413 and 379 of the Indian Penal Code and Section 40 of B. M. M.C. Rule, 1972.

The informant alleged that one tractor was found laden with sand. It transpired that Shambhu Kumar petitioner no. 1 is the owner of the vehicle and Shankar Prasad Yadav petitioner no. 2 is the driver of that vehicle.

Learned counsel for the petitioners submits that the driver was carrying the sand of his land.

Considering the facts aforesaid and nature of allegation

Patna High Court Cr.Misc. No.46862 of 2016 (2) dt.13-12-2016 2/2 against the petitioners, the petitioners above-named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate II, Sheikhpura in connection with Barbigha (Keoti O.P.) P.S. Case No. 325/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Jha, J.) Vinita/- U T