Mahendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47183 of 2018 Arising Out of PS.Case No. -22 Year- 2018 Thana -MALI District- AURANGABAD ======================================================

1. Mahendra Singh S/o Chalitra Singh, R/o Vill.- Shobhe Khap, P.S.- Barun, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-08-2018 The petitioner is apprehending his arrest in connection with Mali P.S. Case No. 22/2018, registered for offences punishable under Sections 379, 411/34 of the Indian Penal Code, 4/4 of B.M.M.C.R. and Section 15 of the Pollution Control Act. Allegation against the petitioner is that the petitioner is said to be the owner of the tractor, which was intercepted while illegally transporting the sand.

Submission of learned counsel for the petitioner is that he is the owner of the truck and he had given the truck to driver on rent and moreover no offence under Section 379 IPC has been made out and other sections are bailable in nature. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within a

Patna High Court Cr.Misc. No.47183 of 2018 (2) dt.14-08-2018 2/2 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 Chief Judicial Magistrate, Aurangabad, in connection with Mali P.S. Case No. 22/2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition 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 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/Amjad/- U T