Patna High CourtCR. MISC./5678/2018bail granted

Ajay Kumar Singh v. The State Of Bihar

2018-02-09Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5678 of 2018 Arising Out of PS.Case No. -221 Year- 2017 Thana -DIGHA District- PATNA ======================================================

1. Ajay Kumar Singh S/o Ram Narayan Rai, R/o Railway Cooperative Colony, Digha Ghat, P.S.- Digha, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Singh, Adv. For the Opposite Party/s : Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Digha P.S.Case No. 221 of 2017 registered under Sections 420, 467, 468, 471, 379, 120-B/34 of the Indian Penal Code, Sections 4, 40, 49 of the Bihar Minor Mineral Concession Rules, 1972 and Rule 3 of the Bihar Mineral Prevention of Illegal Mining, Transportation and Storage Rules, 2003. It is submitted by the learned counsel for the petitioner that similarly circumstanced co-accused Alakh Niranjan Singh and Ram Kumar have already been granted pre-arrest bail vide orders dated 10.01.2018 and 11.01.2018 passed in Cr.Misc. Nos. 59240 of 2017 and 63521 of 2017 respectively by different

Patna High Court Cr.Misc. No.5678 of 2018 (2) dt.09-02-2018 2/2 Benches of this Court. He submitted that the petitioner is neither named in the FIR nor any cogent material could be collected against him in course of investigation. He is apprehending arrest merely on the basis of allegation that his empty truck bearing registration no. BR-01GA-3058 was parked by the side of the road.

Considering the submissions made above, in the event of arrest or surrender before the court below within four weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Patna in connection with Digha P.S.Case No. 221 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Pradeep/- U T