Sharma Paswan @ Sharma Hazara v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28619 of 2018 Arising Out of PS. Case No.-76 Year-2018 Thana- SUGAULI District- East Champaran ====================================================== Sharma Paswan @ Sharma Hazara S/o Bhaselu Paswan, R/o Vill.- Bahuarwa Dushadh Toli, P.S.- Majhauliya, District- West Champaran.. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advt.
For the Opposite Party/s :
Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-05-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Sugauli P.S. case no. 76 of 2018 instituted for the offence under Section(s) 379 of the Indian Penal Code and Section 40 of the Bihar Minor Minerals Concession Rules, 1972.
It is alleged in the written report that tractor loaded with illegal sand was intercepted by mining officer and seizure list were prepared.The petitioner is said to be the driver of the aforesaid tractor.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case while the tractor was standing on way to Sikrahana river and the same was illegally seized by the Forest Officer. The maximum punishment of the
Patna High Court Cr.Misc. No.28619 of 2018(2) dt.15-05-2018 2/3 offence under Section 40 of the Bihar Minor Minerals Concession Rules 1972 is simple imprisonment for six months and fine of Rs. 5000/- or both. One of the co accused of this case has already been granted anticipatory bail by this Court vide order dated 26.4.2018 passed in Cr. Misc. no. 23837 of 2018 .
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Sugauli P.S. case no. 76 of 2018, 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 the learned CJM Motihari, East Champaran, 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
Patna High Court Cr.Misc. No.28619 of 2018(2) dt.15-05-2018 3/3 to move for cancellation of bail of the petitioner. (Sanjay Priya, J) shyambihari/- U T