Nathuni Singh @ Nathun Yadav @ Nathuni Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74309 of 2018 Arising Out of PS. Case No.-195 Year-2018 Thana- BARUN District- Aurangabad ====================================================== Nathuni Singh @ Nathun Yadav @ Nathuni Yadav S/o Chhatu Yadav Resident of Village-Baran Bigha,P.S. Barun,Distt.-Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-12-2018 Heard learned counsel for the parties.

The application for anticipatory bail arises out of Barun P.S. Case No. 195 of 2018, disclosing offences under Sections 379, 411, 420 and 34 of the Indian Penal Code. According to the case of the prosecution, in course of checking against illegal mining and trafficking of sand, the Mining Officer found two tractors indulged in illegal mining of sand. The drivers of the vehicles are said to have fled away. Learned counsel, appearing on behalf of the petitioner submits that the petitioner is the owner-cum-driver of the tractor bearing Engine No. 3100DL43E419232F3 and Chassis No. FZQSE421199SM. It is also submitted that the documents relating to Challan of sand, though furnished by the petitioner,

Patna High Court Cr.Misc. No.74309 of 2018(2) dt.21-12-2018 2/2 the Mining Officer took them for the purpose of verification. It is further submitted that the petitioner shall present himself before the police for investigation and before the court for trial or inquiry, as and when required.

In view of aforesaid submissions, this application is allowed. Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each, with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in Barun P.S. Case No. 195 of 2018, 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) HR/- U T