Satrudhan Singh @ Satrudhan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7923 of 2016 Arising Out of P. S. Case No. -251 Year- 2015 Thana - DIHRINAGAR DistrictSASARAM (ROHTAS) =====================================

1. Satrudhan Singh @ Satrudhan Yadav, Son of Sri Nathuni Singh@Nathuni Yadav, Resident of Village - Jamuhar, P.S. - Dihri, District - Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kr. Pandey, Adv. Mr. Rajnish Kr. Dubey, Adv.

For the Opposite Party/s : Mr. Narendra Kr. Singh, A.P.P. ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-04-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Dihri P.S. Case No.251 of 2015, disclosing offences under Sections 147, 148, 149, 323, 341, 353, 337, 338, 420, 120B and 307 of the Indian Penal Code, Section 27 of the Arms Act, Sections 33, 41 and 42 of the Forest Act, Section 4(1), 4(1-A) of Mines and Minerals

Patna High Court Cr.Misc. No.7923 of 2016 (2) dt.06-04-2016 2/3 D.E. Act and Section 4(1) of B.M. Act.

From the First Information Report, it appears that the police officials and officials of the Forest Department were engaged in seizure of crusher machines, which were being used for the purpose of illegal mining. It is alleged that in course of the said operation, nearly 500 persons, including 26 persons named in the First Information Report, came there and attacked the police force. The petitioner is named in the First Information Report.

Learned counsel for the petitioner has submitted that there is no specific allegation of assault against the present petitioner and similarly circumstanced other co-accused persons, namely, Bali Ram Singh, Sunil Yadav and Ramesh Mahto, have been granted the privilege of anticipatory bail by this Court vide orders, dated 30.09.2015 and 01.02.2016, passed in Cr. Misc. Nos.38813 of 2015 and 4359 and 2016, respectively. Considering the submission, as above, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court Cr.Misc. No.7923 of 2016 (2) dt.06-04-2016 3/3 learned Judicial Magistrate - Ist Class, Dihri, Rohtas, in connection with Dihri (T) P.S. Case No.251 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T