Dhiraj Narayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14970 of 2018 Arising Out of PS.Case No. -4 Year- 2018 Thana -BARUN District- AURANGABAD ====================================================== Dhiraj Narayan Singh, S/o Late Hirdyanand Singh, R/o Village- Gothahuli, P.S.- Barun, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate. For the Opposite Party/s : Smt. Anusuiya Jaiswal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Barun P.S. Case No. 4 of 2018 instituted for the offence under Sections 379, 411, 420 of the Indian Penal Code, Sections 3, 4 and 5 of Illegal Mines Act.

It is alleged that police intercepted one tractor loaded with sand. The petitioner is said to be owner of the aforesaid tractor.

Learned counsel for the petitioner has submitted that petitioner was not present at the spot. He has clean antecedent. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six

Patna High Court Cr.Misc. No.14970 of 2018 (3) dt.26-04-2018 2/2 weeks from today, in connection with Barun P.S. Case No. 4 of 2018, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T