Patna High CourtCR. MISC./66064/2019bail granted

Dhananjay Prasad v. The State Of Bihar

2019-10-21Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66064 of 2019 Arising Out of PS. Case No.-71 Year-2019 Thana- NIMCHAKBATHANI District- Gaya ====================================================== DHANANJAY PRASAD Son of kameshwar Prasad Resident of Village - Tetar, P.S.- Atri, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avanish Kumar Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 379 of the Indian Penal Code and Sections 4/21 of MMDR Act, 1957, Rule 4/40 of the BMMC Rule, 1972 and Rule 6 sub Rule 3, 5(A), 5(c) & 8(A) of BM (IMT & S) Rule, 2003.

Prosecution case, in short, is that on patrolling due the petitioner saw a tractor tailor with loaded sand near Bari Bazar and when he demanded e-challan, the driver could not produce challan.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.06.2019 and has got no criminal antecedent. Charge sheet has been submitted in this

Patna High Court CR. MISC. No.66064 of 2019(2) dt.21-10-2019 2/2 case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Sand is said to have been loaded on the tractor in question. Same was being loaded by way of illegal mining. The allegations made are denied by the petitioner. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Xth, Gaya in connection with Neemchak Bathani P.S. case No.71 of 2019.

(Sudhir Singh, J) Narendra/- U T