Chintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35420 of 2019 Arising Out of PS. Case No.-86 Year-2019 Thana- BARUN District- Aurangabad ====================================================== 1.

CHINTU KUMAR Son of Sakal Singh @ Ram Sakal Singh Resident of Village- Khaira, P.S.- Barun, District- Aurangabad. 2.

Mantu Singh S/o Sakal Singh @ Ram Sakal Singh Resident of VillageKhaira, P.S.- Barun, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-05-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 307, 323, 353, 333, 379, 420, 411, 504, 506, 427, 341, 147, 148, 149 and 186 of the Indian Penal Code, Sections 4 and 40 of the Bihar Minor Mineral Concession Rules and Section 15 of Environment Protection Act.

The prosecution case, in brief, is that when the informant along with other police officers reached near the house of Bhola Singh some 200 persons assembled there and when they tried to stop the lifting of sand then all the accused persons started throwing stone pieces upon the police personnel. It is submitted on behalf of the petitioners that petitioners have falsely been implicated in this case. The FIR

Patna High Court CR. MISC. No.35420 of 2019(2) dt.30-05-2019 2/2 has been lodged against 19 named and 150 unknown persons. Petitioners are said to have been identified in the light of torch and the vehicle light. There is general and omnibus allegation and no specific allegation has been levelled against them. Petitioners have got no criminal antecedent.

Considering the facts aforesaid, let the petitioners above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad/successor Court in connection with Barun P.S.Case No.86 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioners.

B.Kr./- (Prabhat Kumar Singh, J) U T