Uma Shankar Rai @ Sipahi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3149 of 2018 Arising Out of PS.Case No. -574 Year- 2016 Thana -MANER District- PATNA ======================================================

1. Uma Shankar Rai @ Sipahi, S/o Late Jairam Rai @ Jiram Rai,

2. Pankaj Kumar S/o Late Harendra Rai, Both are R/o Village- Saurmarwa, P.S.- Maner, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Purusottam Kumar, Advocate. For the Opposite Party/s : Mr. Chandra Bhushan Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-02-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Maner P.S. Case No. 574 of 2016 instituted for the offence under Sections 420, 379, 120-B/34 of the Indian Penal Code, Sections 39, 40 and 41 of Mining Act.

It is alleged in the written report that driver of the Poklain was apprehended by the police for illegal lifting of the sand and he disclosed the name of this petitioner before the police. There is no allegation of any specific overt act against these petitioners.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the

Patna High Court Cr.Misc. No.3149 of 2018 (2) dt.17-02-2018 2/2 event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Maner P.S. Case No. 574 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Danapur, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper 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 petitioners.

(Sanjay Priya, J) S.Ali/- U T