Ravi Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62511 of 2017 Arising Out of PS.Case No. -180 Year- 2017 Thana -BARUN District- AURANGABAD ======================================================
1. Ravi Kumar, S/o Narendra Kumar Singh,
2. Raju Ranjan Kumar, S/o Narendra Kumar Singh, Both are R/o Jangi Bigha, P.S.- Narari Kala Khurd, District- Aurangabad. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar, Advocate. For the Opposite Party/s : Mr. Murlidhar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-12-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Barun P.S. Case No. 180 of 2017 instituted for the offence under Sections 379, 411, 420/34 of the Indian Penal Code, Sections 3, 4 and 5 of Bihar Illegal Mines Act.
It has been submitted that petitioners are owner and driver of the Tractor which is alleged to have intercepted by the police loaded with illegal sand. It has further been submitted that driver was having valid challan issued by the sand contractor namely Aditya Multicom Pvt. Ltd. which is annexed as Annexure2. In such cricumstances, prayer for anticipatory bail of
Patna High Court Cr.Misc. No.62511 of 2017 (2) dt.22-12-2017 2/2 the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Barun P.S. Case No. 180 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, 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) petitioners 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 petitioners and (3) if petitioners tamper 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 petitioners. (Sanjay Priya, J) S.