Patna High CourtCR. MISC./37539/2018bail granted

Prakash Paswan @ Prakash Kumar Paswan @ Praksh Kumar v. The State Of Bihar

2018-07-06Mr. Justice Shivaji Pandey2 pages

Patna High Court Cr.Misc. No.37539 of 2018 (2) dt.06-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37539 of 2018 Arising Out of PS.Case No. -281 Year- 2017 Thana -DHURAIYA District- BANKA ====================================================== Prakash Paswan @ Prakash Kumar Paswan @ Praksh Kumar, Son of Shyam Paswan, resident of Village- Bair, P.S. Dhoraiya, District- Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar, Advocate For the Opposite Party/s : Mr. Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in a case instituted for the offences under Sections 379 and 411 of the Indian Penal Code.

Allegation has been made for lifting of illegal sand which was caught by the police.

Learned counsel for the petitioner submits that petitioner is neither the owner of the sand or vehicle nor driver of the said vehicle. Further it is submitted that owner and driver have been granted anticipatory bail by court below vide A.B.P. No.242 of 2018 subject to payment of fine awarded to him.

Patna High Court Cr.Misc. No.37539 of 2018 (2) dt.06-07-2018 Looking to the facts and circumstances of the case, in the event of arrest or surrender within four weeks from today, let petitioner, namely, Prakash Paswan @ Prakash Kumar Paswan @ Praksh Kumar, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka in connection with Dhoraiya P.S. Case No.281 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Shivaji Pandey, J) Vinay/- U T