Putus Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78539 of 2018 Arising Out of PS. Case No.-3 Year-2018 Thana- SURYAGARHA District- Lakhisarai ====================================================== Putus Yadav Son of Brahmdeo Yadav, resident of Village-Chananiya, P.S.- Suryagarha, District-Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Prasad, Advocate For the Opposite Party/s :

Mr. Amit Kumar Rakesh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-01-2019 Heard the parties.

The petitioner seeks anticipatory bail in connection with Surajgarha P.S.Case No. 03 of 2018, registered for offences punishable under Sections 342, 323, 332, 353, 506 and 375/34 of the Indian Penal Code and 4/40 of B.M.M.C. Rule and 4/6/8 of Bihar Illegal Mining Transportation and Storage Rules, 2003. Allegation against the petitioner is that after seeing the police party the driver fled away with the trucks loaded with illegal sand.

Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and the petitioner has no criminal antecedent. It is also submitted that the petitioner is not the owner of the tractor and the

Patna High Court Cr.Misc. No.78539 of 2018(2) dt.09-01-2019 2/2 tractor belongs to others.

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

Having heard both sides and in view of the facts and circumstances as discussed above, let the petitioner, in the event of 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) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai in connection with Surajgarha P.S.Case No. 03 of 2018, subject to the condition that as laid down under Section 438 (2) of the Code of Criminal procedure with conditions that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

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