Narayan Yadav @ Narayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46592 of 2018 Arising Out of PS.Case No. -116 Year- 2018 Thana -BARUN District- AURANGABAD ======================================================

1. Narayan Yadav @ Narayan Singh S/o Tapeshwar Singh, R/o Vill.- Mirasarai, P.S.- Tilauthu, District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-08-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Barun P.S. Case No. 116/2018, instituted for the offences punishable under Sections 379, 411 and 420 of the Indian Penal Code read with Sections 4 and 40 (BMMCR) Bihar Minor Mineral Concession Rules, 1972 as well as Section 15 of Environment Protection Act, 1986.

Learned counsel for the petitioner has submitted that petitioner is driver of the tractor as mentioned at serial no. 18 in the F.I.R. It is further submitted that on the aforesaid tractor no sand was loaded rather garbage were loaded. The petitioner has clean antecedent.

Patna High Court Cr.Misc. No.46592 of 2018 (2) dt.25-08-2018 2/2 Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Barun P.S. Case No. 116/2018, 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 Chief Judicial Magistrate, Aurangabad, subject to the conditions as laid down under Section 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) 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 tamper 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 petitioner. (Sanjay Priya, J.)