Patna High CourtCR. MISC./37490/2018bail granted

Suresh Soren And ANR v. The State Of Bihar

2018-07-06Mr. Justice Shivaji Pandey2 pages

Patna High Court Cr.Misc. No.37490 of 2018 (2) dt.06-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37490 of 2018 Arising Out of PS.Case No. -85 Year- 2018 Thana -BARUN District- AURANGABAD ======================================================

1. Suresh Soren, Son of Kedar Soren,

2. Aakash, Son of Vishwanath Singh, Both resident of Village- Kochadh, P.S.- Barun, District- Aurangabad (Bihar).

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Smt. Leelawati Kumari, Advocate For the Opposite Party/s : Mr. Humayou Ahmad Khan (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-07-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek anticipatory bail in a case instituted for the offences under Sections 379, 411, 420 and 34 of the Indian Penal Code and Sections 4 and 40 of Bihar Mineral Rules and Section 15 of Environment Protection Act. Petitioners are owner and driver of the tractor. The driver was carrying sand stating that the sand is question has been purchased by valid challan issued by Gautholi Ghat. Looking to the facts and circumstances of the case, in the event of arrest or surrender within four weeks from today, let petitioners, namely, Suresh Soren and Aakash, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten

Patna High Court Cr.Misc. No.37490 of 2018 (2) dt.06-07-2018 thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No.85 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, subject to the condition that court below will verify the genuineness of challan and if the challan is not found to be genuine it will be treated that no bail has been granted to the petitioners.

(Shivaji Pandey, J) Vinay/- U T