Arbind Kumar Singh And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50281 of 2018 Arising Out of PS. Case No.-136 Year-2018 Thana- BARUN District- Aurangabad ======================================================
1. Arbind Kumar Singh S/o late Ramlakhan Singh
2. Manish Singh @ Manish Kumar S/o Arbind Kumar Singh
3. Rakesh Kumar S/o Arvind Kumar Singh All three R/o Village Pandit Bigha, Sone Nagar, P.S. Barun, District- Aurangabad. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Rajesh Ranjan Jha S/o Anirudh Mishra R/o renter flat 366, Lohianagar, P.S. Kankarbagh, District- Patna, At Present Mining Development Officer, Aurangabad.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Singh For the Opposite Party/s :
Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-08-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Barun P.S. case no. 136 of 2018 instituted for the offence under Section(s) 379, 411,420/34 of the Indian Penal Code and Section 4/40 BMMCR Rules and Section 15 of Environmental Protection Act.
Learned counsel for the petitioners has submitted that all these petitioners were owners of the tractors mentioned at serial nos. 1,2,5 of the FIR. It is alleged that some sands were found loaded on their tractors. They were not present on the spot. The petitioners have clean antecedent.
Patna High Court Cr.Misc. No.50281 of 2018(2) dt.25-08-2018 2/2 In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail 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. 136 of 2018 , 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 the CJM, 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) shyambihari/- U T