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Patna High CourtCR. MISC./39939/2015disposed

Abdul Bari And ANR. v. State Of Bihar And ANR

2015-10-13Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39939 of 2015 Arising Out of PS.Case No. -70 Year- 2015 Thana -MADANPURA District- AURANGABAD ======================================================

1. Abdul Bari son of Seraj Ahmad

2. Raj Kumar Singhania son of late Kishan Lal Singhania .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shyam Kishore Singh .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhay Kumar Thakur, Advocate For the Opposite Party/s : Mr. Anuradha Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-10-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 413, 414, 467, 468, 471, 420 and 120B of the Indian Penal Code. The prosecution case is that two trucks were intercepted carrying coal without any valid document. It is submitted by learned counsel for the petitioners that petitioners are owners of the trucks, in question and the coal was being carried on the basis of valid document whereas the documents of trucks, in question, are also genuine and that were produced at the time of seizure but maliciously the case has been lodged.

Patna High Court Cr.Misc. No.39939 of 2015 (3) dt.13-10-2015 2/2 Considering the aforesaid facts, let the above named petitioners be released on provisional anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Aurangabad in connection with Madanpur P.S. Case No.70 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. The provisional bail of the petitioners will be confirmed by the learned court below on verification of the documents of the trucks, in question, if it is found valid and genuine on the date of seizure but if it is not found genuine on the date of seizure then the petitioners will surrender and pray for regular bail.

(Dinesh Kumar Singh, J) Ashwini/- U T