Mukhan Prasad Singh @ Mukhan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21227 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -MADANPURA District- AURANGABAD ======================================================

1. Mukhan Prasad Singh @ Mukhan Singh, Son of Late Vishwanath Singh, Resident of Village- Pachra, P.S. Madanpur, District- Kaimur (Bhabhua).

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Leelawati Kumari For the Opposite Party/s : Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 31-05-2017 Heard learned counsel for the petitioner and learned A.P.P.

Counsel for the petitioner is permitted to make necessary correction in para 1 of the petition. Petitioner is apprehending his arrest in connection with Madanpur PS case no. 05 of 2017 registered for the offences punishable under Sections 379/411 of Indian Penal Code, Section 3 of Prevention of Damage of Public Property Act and Rule 40 of Bihar Minor Mineral Concession Rule, 1972.

Petitioner is the owner of the truck bearing registration no. UP 65AT- 1176. From the perusal of F.I.R., it appears that the allegation is of overloading causing loss to

Patna High Court Cr.Misc. No.21227 of 2017 (2) dt.31-05-2017 2/2 Government revenue. From perusal of Annexure-2, it transpires that similarly situated co-accused Bachan Ram Yadav @ Bechan Ram Yadav has been granted anticipatory bail by this Hon'ble Court vide order dated 18.03.2017 passed in Cr.Misc. no. 10355 of 2017 and co accused Rajesh Kr. Giri has also been granted bail by this Hon'ble Court vide order dated 18.03.2017 passed in Cr.Misc. no. 13323 of 2017.

In view of the facts and circumstances mentioned above, let the petitioner, in the event of his arrest or surrender within four weeks from the date of receipt/ production of a copy of this order, be released on bail on his furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad (Bihar) or successor Court in Madanpur PS case no. 05 of 2017 subject to the conditions enumerated under Section 438(2) of Code of Criminal Procedure.

(Anil Kumar Upadhyay, J.) rinkee/- U T