Sanjay Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28368 of 2018 Arising Out of PS.Case No. -179 Year- 2017 Thana -CIVIL LINE District- GAYA ======================================================

1. Sanjay Kumar S/o Amirak Prasad, R/o Vill.- Chandela, P.S.- Atri, District- Gaya.

2. Abhay Kumar Sharma S/o Sidh Nath Sharma, R/o Mohalla- Rajiv Nagar, Lakhibag, P.S.- Mufassil, Distt.- Gaya.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Abhimanyu Sharma, Advocate For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-07-2018 Heard the parties.

The petitioners seek anticipatory bail in connection with Civil Lines P.S. Case No. 179 of 2017, registered for offences punishable under Sections 467, 468, 471, 420 and 120B of the Indian Penal Code.

Allegation against the petitioners is that the petitioners after getting two forged letters issued from the Department pf Assistant Director, Mines and Geology, they have taken out the stone chips and sand.

Submission of the learned counsel for the petitioners is that the petitioners have been made accused only because they are borrower and there is absolutely nothing against the petitioners. It

Patna High Court Cr.Misc. No.28368 of 2018 (3) dt.05-07-2018 2/2 is also submitted that allegation against the F.I.R. named petitioners have got no substantial proof in the investigation. Learned A.P.P. opposed the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, 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 the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each in connection with Civil Lines P.S. Case No. 179 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Gaya, subject to the conditions laid down under Section 438 ( 2) Cr.P.C. with other that bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned and petitioners shall cooperate in the investigation and shall be present before police as and when required, otherwise prosecution is at liberty to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) Sudha/- U T