Pradip Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34257 of 2019 Arising Out of PS. Case No.-126 Year-2019 Thana- BANKA District- Banka ====================================================== PRADIP KUMAR Son of Dhodhay Prasad Sah @ Doday Prasad Sah Resident of Village - Priyankar, Ward No.05, Sondip, P.S.- Dhamdaha, Dist.- Purnea.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar Singh For the Opposite Party/s :
Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-08-2019 This application, for grant of anticipatory bail, arises out of Banka P.S. Case No. 126/2019, disclosing offences under Sections 419, 420, 467, 468, 471, 120B/34 of the Indian Penal Code, Section 8 of B.M.P.I.M.T.S. Rule, 2003, Section 40 of B.M.M.C. Rule, 1972 and Section 15 of the Forest & Environment Act, 1986.
Prosecution case is that the truck of the petitioner loaded with sand was intercepted by the police and on demand, the driver gave the challan, which was found fake. Submission of learned counsel for the petitioner is that he was not present at the place of occurrence and the fake challan was produced by the driver. Further submission is that similarly situated co-accused of this case has been granted the
Patna High Court CR. MISC. No.34257 of 2019(3) dt.19-08-2019 2/2 privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 16.07.2019 passed in Cr. Misc. No. 43608 of 2019.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Banka P.S. Case No. 126/2019, subject to the condition laid down under Section 438
(2) of the Code of Criminal Procedure.
(Vinod Kumar Sinha, J) sunilkumar/- U T