Lalkishun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13501 of 2018 Arising Out of PS.Case No. -412 Year- 2017 Thana -DEEPNAGAR District- NALANDA (BIHARSHARIFF) ======================================================

1. Lalkishun Yadav, Son of Jago Yadav, Resident of Village- Golwadhab, P.S. Domchach, District Kodarma (Jharkhand).

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-04-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Deepnagar P.S.Case No.412/2017 , registered for offences punishable under Sections 379 and 188 of the Indian Penal Code and Section 4/40 of Bihar Minor Minerals Concessions Rules, 1972.

Truck of the petitioner was intercepted and it is alleged that it was carrying stone chips without having valid challan. Submission of the learned counsel for the petitioner is that he has valid challan up-to 31.12.2017, which will appear from Annexure-3 and the Truck was intercepted on 11.12.2017. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.13501 of 2018 (2) dt.06-04-2018 2/2 circumstances, as stated above , let the petitioner, above named, in the event of 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) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nalanda at Biharsharif in connection with Deepnagar P.S.Case No.412 of 2017 dated 11.12.2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T