Shashi Shankar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12852 of 2018 Arising Out of PS. Case No.-8 Year-2018 Thana- MUFFASIL District- Aurangabad ====================================================== Shashi Shankar, S/o Dinanath Singh, Resident of Village- Bharthauli, P.S.- Aurangabad (M), District- Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Krishna Pd. Singh Sr. Advocate with Mr.

Saket Kumar Singh, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Pd. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Muffasil P.S. case no. 8/2018 instituted for the offence under Section(s) 307, 353, 379, 341, 323, 332, 201 of the Indian Penal Code and Section 40 of Bihar Minor Mineral Concession Rules.

It is alleged in the written report that the informant saw a tractor unloading the sand on mid road NH-2 near B.Ed college. The informant inquired and asked the driver to come down but the driver went away with the tractor dashing the informant. The informant learnt in the village that the tractor without number plate belongs to this petitioner. Learned counsel for the petitioner has submitted that merely on suspicion as mentioned in the written report he has

Patna High Court Cr.Misc. No.12852 of 2018(3) dt.10-04-2018 2/2 been made accused.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Muffasil P.S. case no. 8/2018, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Aurangabad, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) shyambihari/- U T