Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81575 of 2019 Arising Out of PS. Case No.-180 Year-2019 Thana- OBRA District- Aurangabad ====================================================== Vikash Kumar Son of Sudama Kumar Singh Resident of Village - Kharjam, Police Station - Barun, District - Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Pravesh Nath Tiwari, Advocate For the Opposite Party/s :
Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in Obra P.S. Case No. 180 of 2019, registered for the offence punishable under Sections 379, 411 of the Indian Penal Code and section 40 of B.M.M.C.R Act.
Prosecution case is that on 03.07.2019, on secret information, the informant along with other police officials raided Navnet sand ghat, where they found three tractors involved in illegal mining and transporting of sand. After seeing the police party, the drivers of the respective tractors fled away leaving their tractors. All the three tractors loaded with sand, seized by the informant. Petitioner is alleged to be the owner of one of the seized tractors bearing Chassis No.
Patna High Court CR. MISC. No.81575 of 2019(2) dt.11-12-2019 2/3 CNW3035008373, Engine no. C3243086G6NW and Registration no. BR24GB1561.
It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case. The said tractor was handed over to the driver and without the knowledge and consent of the petitioner, the same was used in transporting the sand. Moreover, sections 379 and 411 of the Indian Penal Code are not applicable and section 40 of the BMMCR Act is bailable.
Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Obra P.S. Case No. 180 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the
Patna High Court CR. MISC. No.81575 of 2019(2) dt.11-12-2019 3/3 court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T