Vishwanath Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9254 of 2018 Arising Out of PS.Case No. -138 Year- 2017 Thana -BARUN District- AURANGABAD ====================================================== Vishwanath Singh S/o Ram Sahan Singh, R/o Village- Tendua Boring , P.S.- Dehri, District- Rohtas.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Uma Shankar Singh For the Opposite Party/s : Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-04-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Barun P.S. Case No. 138 of 2017 registered for offences punishable under 379, 411, 420 and 120(B) of the Indian Penal Code, Sections 3, 4 and 5 of the Bihar Illegal Mines Act and Sections 33, 41 and 42 of the Indian Forest Act. The allegation is regarding three truck drivers being apprehended along with three trucks when others were trying to flee away and upon inspection, the Police found that all the trucks were loaded with stone chips and during the course of interrogation, the relevant papers could not be produced by the said accused persons.
Patna High Court Cr.Misc. No.9254 of 2018 (3) dt.05-04-2018 2/2 The learned counsel for the petitioner submits that the petitioner is only a driver and on account of village enmity, the petitioner has been falsely implicated in the present case. In fact the consignment was being carried under a valid challan. The petitioner is said to be having a clean antecedent. Having regard to the facts and circumstances of the case, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No. 138 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) S.Sb/- U T