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Patna High CourtCR. MISC./789/2018bail granted

Kuldeep Singh And ANR v. The State Of Bihar

2018-01-12Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.789 of 2018 Arising Out of PS.Case No. -329 Year- 2017 Thana -NABINAGAR District- AURANGABAD ======================================================

1. Kuldeep Singh

2. Jagdish Singh Both S/o Late Keshwar Singh, resident of VillageGodiyapur, P.S.Kutumba, District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 12-01-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Nabinagar P.S.Case No. 329 of 2017 registered under Sections 379, 411 of the Indian Penal Code and Section 40 of the Mines Act.

It is submitted by the learned counsel for the petitioners that the petitioners being joint owner of the tractor Mahindra 265DI were in no way concerned with the day to day running of the aforesaid tractor. On the date of alleged occurrence the driver without any information to the petitioners had loaded sand on the tractor. He submitted that the petitioners are old aged persons having no criminal antecedent. He also submitted that

Patna High Court Cr.Misc. No.789 of 2018 (2) dt.12-01-2018 2/2 except the fact that the petitioners are owners of the said tractor, there is no other material to connect them with the alleged occurrence.

Regard being had to the facts and circumstances of the case and the submissions made above, in the event of arrest or surrender before the court below within four weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Nabinagar P.S.Case No. 329 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Pradeep/- U T