Pankaj Kumar Chaurasia @ Pankaj Prasad @ Pankaj Prasad Chaurasia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45505 of 2018 Arising Out of PS.Case No. -145 Year- 2018 Thana -DEEPNAGAR District- NALANDA (BIHARSHARIFF) ====================================================== Pankaj Kumar Chaurasia @ Pankaj Prasad @ Pankaj Prasad Chaurasia, Son of Rajendra Prasad Chaurasia, resident of Village- Badahara, P.S. Gogri, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rekha Prasad, Advocate. For the Opposite Party/s : Mr. Ataur Rahman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-08-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Deep Nagar P.S. Case No. 145 of 2018 instituted for the offence under Sections 4/40 of Bihar Minor Minerals Concessions Rules, 1972, Section 8 of Bihar Mineral (Prevention of illegal Mining, Transportation and Storage) Rules, 2003 read with Sections 188 and 379 of the Indian Penal Code.

Counsel for the petitioner has submitted that petitioner is owner of the vehicle. He has further submitted that driver of the vehicle was in possession of valid Challan which was produced but his truck was seized. Copy of the Challan has been enclosed as Annexure-3.

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.45505 of 2018 (2) dt.13-08-2018 2/2 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 Deep Nagar P.S. Case No. 145 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 learned Chief Judicial Magistrate, Nalanda, Bihar Sharif, 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner 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 petitioner. (Sanjay Priya, J) S.Ali/- Rohit Kr.

U T