Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14707 of 2018 Arising Out of PS.Case No. -181 Year- 2017 Thana -MANPUR District- NALANDA (BIHARSHARIFF) ====================================================== Sonu Kumar, son of Pashupati Singh, R/o Villgae- Jiar, P.S.- Asthawan, District- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The Mining Department Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate. For the Opposite Party/s : Smt. Pronati Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-04-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Manpur P.S. Case No. 181 of 2017 instituted for the offence under Section 379 of the Indian Penal Code, Section 4/40 of Bihar Minor Minerals Concessions Rules, 1972, Section 8 (d) of Bihar Minerals (Prevention of Illegal Mining Transportation and Storage) Rules 2003, Sections 25(1-b)a and 26 of the Arms Act . It is alleged that one Tractor was seized by the police loaded with sand. The driver of the aforesaid tractor was searched and one loaded pistol was recovered from his possession. The driver was arrested. The petitioner is said to be the owner of the aforesaid tractor.

Patna High Court Cr.Misc. No.14707 of 2018 (4) dt.25-04-2018 2/2 It is mentioned in paragraph-3 of the bail petition that petitioner has no criminal antecedent.

Considering the facts and circumstances of the case, 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 Manpur P.S. Case No. 181 of 2017, 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 learned Chief Judicial Magistrate, Nalanda, 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) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers 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 petitioner.

(Sanjay Priya, J) S.Ali/- U T