Umakant Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28240 of 2018 Arising Out of PS.Case No. -15 Year- 2016 Thana -VALMIKINAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Umakant Prasad, son of Chandrika Prasad, Resident of Village- Vijaypur, P.S.- Valmikinagar, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vijay Kr Singh No. 1 For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-05-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code as well as Sections 4 and 40 of the Bihar Minor Mineral Act in connection with Valmikinagar P.S. Case No. 15/2016.

Allegation as per the F.I.R. is that one stone cheeps loaded tractor was recovered and the petitioner is said to be the owner of the aforesaid tractor.

Submission of the learned counsel for the petitioner is that one and half months prior to the occurrence, he had sold the tractor to other co-accused, from whose field the tractor was

Patna High Court Cr.Misc. No.28240 of 2018 (2) dt.17-05-2018 2/2 recovered.

Heard learned Additional Public Prosecutor also. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Bagaha, West Champaran in connection with Valmikinagar P.S. Case No. 15/2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with further condition that one of the bailors should be close relative of the petitioner and another having sufficient immovable property within the jurisdiction of the court below and the petitioner will co-operate in disposal of the trial and will make himself available before the court and failure to appear on two consecutive dates without any appropriate reason will be liable for cancellation of his bail bond. (Vinod Kumar Sinha, J.) Rakhi U T