Santosh Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13547 of 2018 Arising Out of PS.Case No. -6 Year- 2018 Thana -BARUN District- AURANGABAD ======================================================

1. Santosh Kumar, Son of Deo Raj Singh,

2. Ram Bachan Singh, S/o Deo Raj Singh, Both are resident of VillageChander Bigha, P.S.- Barun, District- Aurangabad. .... .... Petitioner/s

Versus

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

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

The petitioners are apprehending their arrest in connection with Barun P.S.Case no.6/2018 , registered for offences punishable under Sections 379, 411 and 420 of the Indian Penal Code.

Allegation against the petitioners is that they were carrying sand on a Tractor without having valid challan. Submission of the learned counsel for the petitioners is that they have valid challan but in spite of that they have been falsely implicated in this case. Petitioner no.1 is the owner and the petitioner no.2 is the Driver of the Tractor. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.13547 of 2018 (2) dt.06-04-2018 2/2 circumstances, as stated above, let the petitioners, 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) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Aurangabad in connection with Barun P.S.Case no.6/2018, 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 petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

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

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