Sheikh Sajjad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39245 of 2019 Arising Out of PS. Case No.-246 Year-2018 Thana- SHAHKUND DistrictBhagalpur ====================================================== SHEIKH SAJJAD, aged about 49 years, male, Son of Sk. Missa Resident of Mohalla- Sikandarpur, P.S.- Mojahidpur, District- Bhagalpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Syed Masleh Uddin Ashraf, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 02-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 379, 411/34 of the Indian Penal Code, Rule 40 of Bihar Minor Mineral Concession Rule, 1972 and Rule 6/8 of Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2003 registered in connection with Shahkund (Sajour) P.S. Case No. 246 of 2018.

3. It is submitted that the petitioner has been falsely implicated merely on the accusation that he was the driver of the subject tractor bearing no. Mahendra B 275 D1, Engine No. RAFL02058. It is submitted that the said tractor was found empty and the petitioner has no concern with the seized sand. The owner of the tractor Md. Gulfan has been granted anticipatory bail by this Court in Cr. Misc. No. 20092 of 2019. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from

Patna High Court CR. MISC. No.39245 of 2019(2) dt.02-07-2019 2/2 the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bhagalpur in connection with Shahkund (Sajour) P.S. Case No. 246 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T