Ravi Shankar @ Kanhaiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59 of 2018 Arising Out of PS.Case No. -115 Year- 2017 Thana -SHEIKHOPUR SARAI District- SEKHPURA ======================================================

1. Ravi Shankar @ Kanhaiya, Son of Arvind Kumar, Resident of VillageMahrath,P.S.-Kashichak, District-Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Premchandra Yadav For the Opposite Party/s : Mr. Sri Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Shekhopur Sarai P.S. Case No. 115 of 2017 registered for the offence punishable under Sections 379, 353 of the Indian Penal Code and Sections 75(4)(i), 4(1A) and 99 of the Bihar Minor Mineral Rules 2007.

The allegation of the informant is that when he had apprehended the tractor being driven by the petitioner, which was carrying sand, the driver of the said tractor had handed over the challan, however, when the informant went to the place from where the sand was being loaded, the petitioner herein fled away with the said tractor.

Patna High Court Cr.Misc. No.59 of 2018 (3) dt.15-01-2018 2/2 The learned counsel for the petitioner submits that the petitioner was validly carrying the sand and it is an admitted fact that he had handed over the challan to the informant. It is further submitted that it is highly improbable that when the informant had taken away the keys of the tractor, he would have fled away from the place of occurrence. It is further submitted that the petitioner is said to have a clean antecedent.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner above named, in the event of his 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, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Shekhopur Sarai P.S. Case No. 115 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) ajay gupta/- U T