Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38749 of 2018 Arising Out of PS.Case No. -189 Year- 2017 Thana -BARUN District- AURANGABAD ======================================================
1. Manoj Kumar S/o Ram Lakhan Singh, R/o Vill.- Simra Kala, 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 Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-07-2018 Heard the parties.
The petitioner is apprehending his arrest in connection with Barun P.S. Case No. 189 of 2017, registered for the offences punishable under Sections 379, 411, 420, 120(B), 34 of the Indian Penal Code, Sections 3, 4, 5 of Bihar Illegal Mines Act and Sections 75, 80 of Bihar Minor Minerals Act.
Allegation against the petitioner is that his vehicle was found illegally taking sand.
Submission of learned counsel for the petitioner is that the petitioner had challan for extracting sand and other similarly situated co-accused persons have already been granted privilege of anticipatory bail by different coordinate Benches of this Court vide orders dated 22.12.2017 and 24.01.2018 passed in Cr.Misc.
Patna High Court Cr.Misc. No.38749 of 2018 (2) dt.04-07-2018 2/3 No.62885 of 2017 and Cr.Misc.No.2501 of 2018 respectively. Heard learned A.P.P. also Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad, in Barun P.S. Case No. 189 of 2017, subject to conditions as laid down under section 438
(2) of the Code of Criminal Procedure and further conditions are that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned and further condition is that they have to 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) AnilKrSinha/- U
Patna High Court Cr.Misc. No.38749 of 2018 (2) dt.04-07-2018 3/3