Sintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.473 of 2019 Arising Out of PS. Case No.-151 Year-2018 Thana- TELHARA District- Nalanda ====================================================== Sintu Kumar, son of Lalita Yadav, resident of Village- Chunukpur, PSBandhuyganj, District Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Narayan Singh, Adv For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-01-2019 As prayed, learned counsel for the petitioner is permitted to make necessary correction in para 1 of the petition by adding relevant Sections of the Indian Penal Code, in course of the day.

2.. The petitioner apprehends his arrest for the offences alleged under Sections 379,411, 188 IPC and Sections 4/40 of the B.M.M.C. Act, 1972 and Sections 3/4/6 of the B.M.M.C. Act, 2003 and Section 4(1A) of M.M.W.R. Act registered in connection with Telhara P.S. Case No. 151 of 2018.

3. It is submitted that the petitioner has been falsely implicated merely because he happens to be the owner of one of the tractors found loaded with sand. The petitioner was not present at the spot and has no knowledge about the activities of the driver to whom the tractor and trailer have been given on hire. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be

Patna High Court Cr.Misc. No.473 of 2019(2) dt.28-01-2019 2/2 released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM, Hilsa, Nalanda, in connection with Telhara P.S. Case No. 151 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

i. That one of the bailors shall be a close relative of the petitioner.

ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T