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Patna High CourtCR. MISC./8078/2018bail granted

Shanti Devi v. The State Of Bihar

2018-02-17Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8078 of 2018 Arising Out of PS. Case No.-189 Year-2017 Thana- BARUN District- Aurangabad ====================================================== Shanti Devi W/o Late Ranvijay Singh, R/o village- Behria, P.S.- Dehri On Sone, District- Rohtas.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Rakesh Singh For the Opposite Party/s :

Mr. SRI AJAY KUMAR -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends her arrest in connection with Barun P. S. Case No. 189 of 2017 registered for the offences punishable under Sections 379, 411, 420, 120B/34 of the Indian Penal Code, Sections 3, 4, 5 of Bihar Illegal Mines Act and Sections 75/80 of Bihar Minor Minerals Act.

Allegedly, after seizing a truck no. UP67T-0845, again 12 tractors with sand were seized. The four drivers were apprehended and others succeeded in fleeing away and one person realizing money was also apprehended who after taking money was getting the sand loaded on the tractors. Submission is of false implication and that the petitioner is the owner of the tractor no. BR26K-2264, the consignment was under valid challan, all offences as alleged are not attracted.

Patna High Court Cr.Misc. No.8078 of 2018(2) dt.17-02-2018 2/2 Further other co-accused Lakshman Singh, Shyam Sundar Singh, Brahamdeo Singh, Bansidhar Pandey, Manmohan Singh and Chandan Kumar have been allowed pre-arrest bail on similar grounds and as such the petitioner deserves sympathetic consideration.

Learned APP fairly submits that other co-accused have been allowed pre-arrest bail.

In the facts and circumstances stated above, the petitioner above named, in case of her arrest or surrender within four weeks from the date of receipt/production of a copy of this order, is directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad in connection with Barun P.S. Case No. 189 of 2017, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T