Patna High CourtCR. MISC./46516/2018bail granted

Basant Singh v. The State Of Bihar

2018-08-23Mr. Justice Sanjay Priya2 pages

Patna High Court Cr.Misc. No.46516 of 2018 (02) dt.23-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46516 of 2018 Arising Out of PS.Case No. -25 Year- 2018 Thana -MALI District- AURANGABAD ======================================================

1. Basant Singh S/o Mahesh Singh, resident of Village- Rahra, P.S.- Badem, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate. For the Opposite Party/s : Smt. Veena Kumari Jaiswal, APP 147. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-08-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Mali P.S. Case No. 25 of 2018, instituted for the offences punishable under Sections 379, 411, and 34 of the Indian Penal Code read with Sections 4 and 40 of the Bihar Minor Mineral Concession Rule as well as Section 15 of the Environment Protection Act. Learned counsel for the petitioner has submitted that the petitioner is owner of the tractor as mentioned at serial no. 5 in the F.I.R. He was not present on the spot. The petitioner has no criminal antecedent.

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.46516 of 2018 (02) dt.23-08-2018 the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Mali P.S. Case No. 25 of 2018, he shall be released on anticipatory 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 Additional Chief Judicial Magistrate Vth, Aurangabad, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tamper 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.