Indu Kumari And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14164 of 2018 Arising Out of PS. Case No.-8 Year-2018 Thana- PAUTHU District- Aurangabad ======================================================
1. Indu Kumari, W/o Awadhesh Singh, R/o Village- Ghataro Tola, Purnadih, P.S.- Obra, District- Aurangabad (Bihar).
2. Bhim Kumar, S/o Gupteshwar Singh, R/o Village- Dharmpura, P.S.- Jamhor, District- Aurangabad (Bihar).
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lal Bahadur Singh For the Opposite Party/s :
Mr. Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-04-2018 Heard the parties.
The petitioners seek anticipatory bail in connection with Pauthu P.S.Case No. 8 of 2018, registered for offences punishable under Sections 379 and 411 of the Indian Penal Code.
The allegation against the petitioners as per the F.I.R. is that on getting secret information about loading illegally sand from the bank of the Madar river and two tractors without number plate was standing there. It is also alleged that the petitioners are owners of the Tractor.
Submission of the learned counsel for the petitiones is that there is no recovery from the person of the petitioners and they have been made accused only on the basis of suspicion.
Patna High Court Cr.Misc. No.14164 of 2018(2) dt.10-04-2018 2/2 The petitioners have no criminal antecedents. Learned A.P.P. opposed the prayer for bail.
Having heard both sides and in view of the facts and circumstances as discussed above, let the petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs. 25,000/- ( Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate- II, Aurngabad in connection with Pauthu P.S.Case No. 8 of 2018, subject to the condition that as laid down under Section 438 (2) of the Code of Criminal procedure with further conditions that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court and if in future the petitioners involved in the same illegal sand business, the prosecution shall move for cancellation of their bail bond..
(Vinod Kumar Sinha, J) sudha/- U T