Chandeshwar Prasad And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54488 of 2017 Arising Out of PS.Case No. -32 Year- 2017 Thana -BARABAR TOURIST District- JEHANABAD ======================================================

1. Chandeshwar Prasad, son of Late Ram Prasad Yadav, resident of Village- Lohger P.S. Jamanganj, District- Jehanabad.

2. Pintu Kumar @ Alok Kumar Verma, Son of Krishnandan Singh @ Sri ChandraShekhar Singh, resident of Village- Bishunganj, P.S. Bishunganj, District- Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Ms. Kumari Sujata Sinha, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-01-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Barabar Tourism (Bishunganj O.P.) P.S. Case No. 32 of 2017 instituted for the offences under Sections 26(A),4,40 of the B.M.M.C. Rules 1972. Allegation against the petitioners is that on inspection dated 17.06.2017, it was found that they were running the brick kiln without proper certificate either from informant Department or Mining Department.

Learned counsel for the petitioners has submitted that an amount of Rs. 75,400/- has already been deposited before District Mines and Minerals Office, Jehanabad cum Arwal on 17.04.2017, which is enclosed as Annexure-2 to this petition.

Patna High Court Cr.Misc. No.54488 of 2017 (3) dt.16-01-2018 2/2 In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners, named above, in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Barabar Tourism (Bishunganj O.P.) P.S. Case No. 32 of 2017 to the satisfaction of learned J.M., 1st, Jehanabad subject to condition as laid down u/S 438 (2) of the Cr. P.C. with further conditions (1) (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,

(2) petitioners shall cooperate in the trial and shall be present on each and every dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioners and (3) if the petitioners 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 petitioners.

(Sanjay Priya, J) khushbu/- U T