Braj Kishore Giri @ Brij Kishore Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31994 of 2018 Arising Out of PS.Case No. -8 Year- 2018 Thana -DEORIYA District- MUZAFFARPUR ======================================================

1. Braj Kishore Giri @ Brij Kishore Giri, Son of Kailash Giri, Resident of Village- Yogapatti, Dumri, P.S.- Yogapatti, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rana Vikram Singh For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-06-2018 The petitioner is apprehending his arrest in connection with Deoriya P.S. Case No. 08 of 2018, registered for offences punishable under Sections 188, 379, 411 of the Indian Penal Code. Allegation against the petitioner that police intercepted a truck loaded with 350 CFT sand and when asked to produce the papers, he failed to produce the same.

It has been submitted on behalf of the petitioner that petitioner only happens to be the driver of the said truck and in fact no sand was loaded on the truck and he has falsely been made accused and the owner of the said truck has already been granted the privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 09.04.2018 passed in Cr. Misc. No. 20032 of 2018.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, in the event of his arrest or surrender

Patna High Court Cr.Misc. No.31994 of 2018 (2) dt.27-06-2018 2/2 before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate -1st Class, Muzaffarpur, in connection with Deoriya P.S. Case No. 08 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (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 shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T