Daroga Sharma And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70291 of 2018 Arising Out of PS. Case No.-145 Year-2018 Thana- BARUN District- Aurangabad ======================================================

1. Daroga Sharma, Son of Late Tuntun Sharma,

2. Chandan Sharma, Daroga Sharma, Both Resident of VillageKateya, P.S.-Jamhore, District-aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Leelawati Kumari For the Opposite Party/s :

Mr. Sri Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-12-2018 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Barun P.S Case No. 145 of 2018, disclosing offences under Sections 379, 411, 420 and 34 of the Indian Penal Code, Sections 4 and 40 of Bihar Mineral Rule and Section 15 of the Environment Protection Act.

On the allegation that the petitioners had involved themselves in illegal mining of sand, the FIR came to be registered and with similar allegation other persons have been named in the FIR with reference to the vehicles seized by the police.

Learned counsel, appearing on behalf of the petitioners, has submitted that similarly circumstanced co-

Patna High Court Cr.Misc. No.70291 of 2018(2) dt.17-12-2018 2/2 accused persons have been granted anticipatory bail by this Court by orders dated 26.09.2018, passed in Cr. Misc No. 50706 of 2018 and 09.10.2018, passed in Cr. Misc. No. 51579 of 2018. Considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their 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 each, to the satisfaction of the learned CJM, Aurangabad in Barun P.S. Case No. 145 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 petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bond shall be liable to be cancelled. (Prabhat Kumar Jha, J) HR/- U T