Chintu Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48278 of 2018 Arising Out of PS. Case No.-134 Year-2018 Thana- BARUN District- Aurangabad ====================================================== Chintu Kumar, S/o Lalan Singh, Resident of Village- Malpur, P.S.- Barun, District- Aurangabad.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Secretary, Bihar Mines and Mineral Department, Govt. of Bihar, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailesh Kumar Singh For the Opposite Party/s :

Mr. Sri Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-09-2018 Heard parties.

The petitioner apprehends his arrest in connection with Barun P.S. Case No. 134 of 2018 registered for the offence punishable under Section 379, 411, 420/34 of the Indian Penal Code.

Allegation against the petitioner is of carrying illegal sand on his Tractor.

It has been submitted on behalf of the petitioner that petitioner has valid document of his tractor and no stolen article was recovered from his Tractor. Similarly, situated co-accused person has been granted anticipatory bail by a co-ordinate bench of this Court vide order dated 04.09.2018 in Criminal Miscellaneous No. 51009 of 2018. Petitioner has got no

Patna High Court Cr.Misc. No.48278 of 2018(2) dt.18-09-2018 2/2 criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Barun P.S. Case No. 134 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U