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Patna High CourtCR. MISC./7551/2017bail granted

Jitendra Singh v. The State Of Bihar

2017-03-01Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7551 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -BARUN District- AURANGABAD ====================================================== Jitendra Singh, Son of Kesho Singh, Resident of Village - Jadu Bigha, P.S. Baroon, District - Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Mr. Priya Ranjan Mr. Amit Singh For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh For the BMD : Mr. Rajednra Prasad.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-03-2017 The petitioner is apprehending his arrest in connection with Barun P.S. Case No. 02 of 2017, registered for offences punishable under Sections 379, 428, 411 of Indian Penal Code and Section 3, 4 and 5 of Bihar Minor Mineral Concession Rules 1972. It has been submitted on behalf of the petitioner that a truck loaded with sand was seized and it is alleged that valid challan has not been produced by the driver and as such a case under Section 379, 420 and 411 of the Indian Penal Code and Section 3, 4 and 5 of Bihar Minor Mineral Concession Rules 1972 against the petitioner but the driver of the truck has already deposited the said challan before the court below and authenticity of which has already been verified as the said challan was found correct.

Patna High Court Cr.Misc. No.7551 of 2017 (3) dt.01-03-2017 2/3 Heared learned A.P.P. and learned counsel appearing on behalf of Bihar Mines Department.

Having heard both sides, in view of the facts and circumstances of the case and submissions of learned counsel for the petitioner, let petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Aurangabad in connection with Barun P.S. Case No. 02 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

This is further subject to the conditions that:- (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 shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before

Patna High Court Cr.Misc. No.7551 of 2017 (3) dt.01-03-2017 3/3 the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

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