Patna High CourtCR. MISC./60974/2017bail granted

Krishna Kumar Singh v. The State Of Bihar

2017-12-21Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60974 of 2017 Arising Out of PS.Case No. -138 Year- 2017 Thana -BARUN District- AURANGABAD ====================================================== Krishna Kumar Singh, S/o Vishwanath Singh, R/o Village-Tendua Boring, Tendua Dusadhi, P.S.- Dehri, District- Rohtas. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Uma Shankar Singh, Advocate For the Opposite Party/s : Mr. Ram Sumiran Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 21-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Barun P.S. Case No. 138 of 2017 registered under Sections 379, 411, 420, 120B of the Indian Penal Code, sections 3, 4 and 5 of the Bihar Illegal Mines Act as also sections 33, 41 and 42 of the Indian Forest Act.

It is submitted by the learned counsel for the petitioner that being owner of the truck, he was not in know of the fact that the driver was carrying illegally extracted stone chips on it. He submitted that the petitioner has got no criminal

Patna High Court Cr.Misc. No.60974 of 2017 (2) dt.21-12-2017 antecedent and having got roots in the society is not likely to abscond or tamper with the evidence.

Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioner. Considering the nature of allegation, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No. 138 of 2017 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T