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Patna High CourtCR. MISC./31399/2018bail granted

Dina Singh @ Rajesh Kumar And ANR v. The State Of Bihar

2018-06-27Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31399 of 2018 Arising Out of PS.Case No. -101 Year- 2017 Thana -DARIHAT District- SASARAM (ROHTAS) ======================================================

1. Dina Singh @ Rajesh Kumar,

2. Baljeet Singh @ Baljeet Kumar Both Sons of Ashok Singh @ Ashok Singh Yadav, R/o Vill.- Chhotki Kurka, P.S.- Darihat, District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Siddharth Harsh For the Opposite Party/s : Mr. Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-06-2018 The petitioners are apprehending their arrest in connection with Darihat P.S. Case No. 101 of 2017, registered for offences punishable under Sections 147, 148, 149, 186, 323, 341, 337, 338, 332, 427, 333, 307, 353, 504, 506 and 120B of the Indian Penal Code.

Allegation as per F.I.R is that informant along with other police personnel conducted raid on hurka river bank to check illegal sand mining and arrested three persons and seized two tractors but a mob of 70 to 80 persons attacked on them and tried to get the apprehended persons released and when additional police was called at the place of occurrence, petitioners and others fled away taking the advantage of dark.

It has been submitted on behalf of the petitioners that in

Patna High Court Cr.Misc. No.31399 of 2018 (3) dt.27-06-2018 2/3 this case large number of persons have been made accused and no specific allegation has been attributed to the petitioners and other co-accused having similar allegation have already been granted the privilege of anticipatory bail vide order dated 06.04.2018 passed in Cr. Misc. No. 14878 of 2018.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Dehri, Rohtas, Sasaram, in connection with Darihat P.S. Case No. 101 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners shall cooperate in the

Patna High Court Cr.Misc. No.31399 of 2018 (3) dt.27-06-2018 3/3 investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T