Jai Prakash Singh @ Jai Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19242 of 2018 Arising Out of PS.Case No. -5 Year- 2018 Thana -NARARI KALA KHURD DistrictAURANGABAD ====================================================== Jai Prakash Singh @ Jai Prakash Kumar, Son of Jugeshwar Singh @ Jugeshwari Singh, Resident of Village- Adma, Rastipur Charan, P.S.- Narari Kala Khurd, District- Aurangabad.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-04-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Narari Kala Khurd P.S. Case No. 05 of 2018 registered for the offences punishable under Sections 379, 411, 420 of the Indian Penal Code and Sections 3, 4, 5 of Bihar Illegal Mines Act. It is stated that two tractors laden with sand were recovered and one person was caught whereas another driver of the tractor managed to escape from there. Petitioner happens to be owner of one of the seized tractors.

Submission on behalf of the petitioner is that Sections 379, 411 and 420 of the Indian Penal Code are not

Patna High Court Cr.Misc. No.19242 of 2018 (2) dt.05-04-2018 2/2 applicable and so far as remaining sections are concerned, the same are bailable in nature and moreover, there is nothing on the record to show that tractor in question was being driven by the petitioner at the relevant time.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in Narari Kala Khurd P.S. Case No. 05 of 2018 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T