Anup Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52540 of 2015 Arising Out of PS.Case No. -124 Year- 2015 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ====================================================== Anup Kumar Singh .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Tiwary For the Opposite Party/s : Mr. Anuj Kr.Srivastava(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 27-11-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Dehri (T) P.S.Case No. 124/2015 registered for offences punishable under Sections 379, 411, 120 (B), 353, 307, 506 of the Indian Penal Code and 4 (1-A) 21 (1) D.E. Act , 40 (1) BM Act and 33, 41, 42 of Indian Forest Act.
The prosecution case is that one Anand Kumar Gupta , Officer-in-Charge of Dehri (T) P.S. on a written statement on 21.03.2015 at about 8.30 A.M. stated therein that he received secret information that some persons were going to East side loaded with stone chips from Karwandiya Forest area through Thighwa on tractor. On the same day, after giving information to the senior police officer, he proceeded along with other police
Patna High Court Cr.Misc. No.52540 of 2015 (2) dt.27-11-2015 2/3 officials at 4.15 A.M. and he saw that one Truck loaded with illegal stone chips was coming from West side and he tried to stop the vehicle. In the meantime, two persons arrived there on Bolero vehicle, who obstructed the informant to do so. It is further stated therein that in the same course one tractor came arrived there loaded with illegal stone chips which was searched and seizure list has been prepared in presence of two witnesses.
It has been submitted by the learned counsel for the petitioner that he has clean antecedent and rightful owner of the said vehicle bearing registration no. BR-24c- 1088 and stone chips was loaded from the business premises of M/s Markandey Stone Chips works, Mirzapur, Gaya for Building and Construction Work and had a valid challan, but the petitioner has been falsely implicated in the aforesaid case. It has further been submitted that the vehicle of the petitioner has been released in pursuance of the order of this Court passed in C.W.J.C. No. 6153 of 2015 dated 13.05.2015.
Be that as it may, let the above named petitioner in the event of his arrest or surrender before the Court below within a period of four weeks from today be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of like
Patna High Court Cr.Misc. No.52540 of 2015 (2) dt.27-11-2015 3/3 amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Dehri, Rohtas, in connection with Dehri (T) P.S. Case No. 124 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr. P. C.
(Nilu Agrawal, J) Sudha/- U T