Patna High CourtCR. MISC./19157/2016bail granted

Santosh Kumar v. The State Of Bihar

2016-05-13Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19157 of 2016 Arising Out of PS.Case No. -23 Year- 2016 Thana -MADANPURA District- AURANGABAD ======================================================

1. Santosh Kumar son of Kameshwar Prasad resident of Village - Barhat, P.S. - Deo, District - Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kumar No.6 For the Opposite Party/s : Mr. Sanjay Kumar Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for anticipatory bail arises out of Madanpur P.S. case No. 23 of 2016, disclosing offences under Sections 414,420,467,468,471/34 of the Indian Penal Code Sections 4,21,26(A), 40 of the Bihar Minor Minerals Concession Rules, 1972.

The petitioner is owner of the truck bearing registration No.BR-02T-0846 which was seized by the police from near a brick- kiln loaded with coal. The paper presented to the police in support of the said coal was found to be forged. It is submitted on behalf of the petitioner that the petitioner's implication is only because he is the owner of the

truck and no other allegation is there in the First Information Report.

Considering the above, this application is allowed. Let the petitioner above-named in the event of his arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in Madanpur P. S. Case No. 23/2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U