Patna High CourtCR. MISC./63639/2017bail granted

Sanjeet Kumar @ Sanjeet v. The State Of Bihar

2018-01-11Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.63639 of 2017 (2) dt.11-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63639 of 2017 Arising Out of PS.Case No. -159 Year- 2017 Thana -WARSALIGANJ District- NAWADA ======================================================

1. Sanjeet Kumar @ Sanjeet, Son of Parmanand Singh, Resident of Village- Mafi, Police Station- Warisaliganj, District- Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-01-2018 Heard both sides.

The petitioner apprehends his arrest in Warisaliganj P.S. Case No.159 of 2017 registered under Sections 379, 353 and other Sections of the Indian Penal Code, Section 40 of the BMMC Act and Section 8 of B.M.(Illegal Mining, Transportation and Storage) Act, 2003.

The gist of the allegation that the petitioner, his brother, Ranjit and his father, Parmanand Singh threatened the informant, the son of the choukidar who was on duty and fled away with tractor loaded with sand.

The learned counsel for the petitioner submits that the son of the choukidar is not a public servant. No offence under Section 353 is made out. The petitioner was not with his father and

Patna High Court Cr.Misc. No.63639 of 2017 (2) dt.11-01-2018 brother. The informant falsely implicated the father and the brother of the petitioner. Parmanand Singh and Ranjit have already been granted regular bail.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. II, Nawada in connection with Warisaliganj P.S. Case No.159 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T