Paras Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3457 of 2018 Arising Out of PS.Case No. -200 Year- 2017 Thana -BARUN District- AURANGABAD ======================================================

1. Paras Singh, Son of Anuj Singh @ Ambuj Singh, Resident of VillageInglish.

2. Chandan Sharma, Son of Daroga Sharma, Resident of Village Kateya Both P.S.- Barun, District- Aurangabad.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate. Mr. Binod Kumar Pandey, Advocate For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-02-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Barun P.S. Case No. 200 of 2017 instituted for the offence under Sections 379, 411, 420/34 of the Indian Penal Code and Sections 3, 4 and 5 of Bihar Illegal Mines Act & Rules.

In the written report it is alleged that informant on secret information, during patrolling duty, seized two tractors loaded with sand. On seeing the police party, the driver of the said Tractors fled away. The petitioner No. 1 is owner and petitioner No. 2 is driver of the tractor.

The other co-accused persons have been granted

Patna High Court Cr.Misc. No.3457 of 2018 (3) dt.20-02-2018 2/2 anticipatory bail by a coordinate Bench of this Court vide order dated 18.01.2018 passed in Cr. Misc. 2242 of 2018. Considering the facts and circumstances of the case, prayer for anticipatory bail of 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. 200 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond 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.Ali/- U T