Sadashiv Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46567 of 2018 Arising Out of PS.Case No. -63 Year- 2018 Thana -ROHTAS District- SASARAM (ROHTAS) ======================================================

1. Sadashiv Prasad Singh S/o Maleshwar Singh, R/o Pali Road, Shivganj, Dehri, P.S.- Dehri, District- Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-08-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Rohtas (Amjhor) P.S. Case No. 63/2018, instituted for the offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that challan was issued with regard to sand after proper verification. The petitioner has no machinery to identify whether tractor on which sand were loaded was used for agriculture purpose or registration number of vehicle is of Auto Riksha, Pick-up Van, Mini Bus and Tempo.

In the written report, it is alleged that during raid

Patna High Court Cr.Misc. No.46567 of 2018 (2) dt.24-08-2018 2/3 conducted at Ramdihra Balu Ghat, 50 vehicles were found parked with over loaded sand and on verification of the documents of said vehicles, it was found that out of 276 challans issued by Ramdihra Ghat, many challans were issued for the tractors, which were used for agriculture purpose, Auto Riksha, Pick-up Van, Mini Bus and Tempo.

Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Rohtas (Amjhor) P.S. Case No. 63/2018, 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 Judicial Magistrate 1st Class, Dehri, Rohtas, subject to the conditions as laid down under Section 438(2) of the 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 tamper with the evidence or the witnesses of the case, in

Patna High Court Cr.Misc. No.46567 of 2018 (2) dt.24-08-2018 3/3 that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J.) Rakhi U T