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Patna High CourtCR. MISC./20208/2018bail granted

Niranjan Kumar Singh v. The State Of Bihar

2018-04-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20208 of 2018 Arising Out of PS. Case No.-26 Year-2018 Thana- BARUN District- Aurangabad ====================================================== Niranjan Kumar Singh, S/o- Raghni Singh, resident of Village- Redia, P.S.- Barun, District- Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :, For the Petitioner/s :

Mr. Sanjeet Kumar Singh, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, A.P.P.

===================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-04-2018 Heard the parties.

The petitioner seeks anticipatory bail in connection with Barun P.S. Case No. 26 of 2018, registered for offences punishable under Sections 379, 411/ 420 of the Indian Penal Code and Sections 3,4 and 5 of the Bihar Illegal Mining Act and Sections 4/40 of the Bihar Minor Mineral Concession Rule 1972 and Section 45 of the Bihar Enviornment Protection Act 1986 registered against five named accused persons. Allegation against the petitioner is of carrying the sand on tractor without having valid challan. Submission of the learned counsel for the petitioner is that the petitioner is not named in the F.I.R. and the petitioner has no knowledge about the act and there is no criminal antecedent against him.

Learned A.P.P. opposed the prayer for bail.

Patna High Court Cr.Misc. No.20208 of 2018(2) dt.12-04-2018 2/2 Having heard both sides and in view of the facts and circumstances as discussed above, let the petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs. 25,000/- ( Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Barun P. S. Case No. 26 of 2018, subject to the condition that as laid down under Section 438 (2) of the Code of Criminal procedure.

With following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

ii) The petitioner will not induce any witness or tamper with the evidence.

iii)The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond.

(Vinod Kumar Sinha, J) sudha/- U T