Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46749 of 2018 Arising Out of PS.Case No. -127 Year- 2018 Thana -BARUN District- AURANGABAD ======================================================
1. Rajesh Kumar Son of Vanshnarayan Singh Resident of Village- Pora Khumabad, P.S. Kundara, District- Rohtas(Bihar). .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Leelawati Kumar For the Opposite Party/s : Mr. Vinod Kumar 2, A.P.P.-88 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-08-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Barun P.S. Case No. 127 of 2018, registered for offences punishable under Sections 379, 420/34 and 411 of the Indian Penal Code.
As per F.I.R., allegation against the petitioner is that with the loaded sand, tractors of petitioner were seized by the police, the petitioner fled away.
Submission of the learned counsel for the petitioner is that the petitioner is not named in the F.I.R. and he is owner-cumdriver of the tractor and the petitioner involved in the process of loading the sand on the tractor on the basis of valid challan, which appears from Annexure-2. It is also submitted that the petitioner
Patna High Court Cr.Misc. No.46749 of 2018 (2) dt.10-08-2018 2/2 has no criminal antecedent.
Learned A.P.P. opposes the prayer for bail.
Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named on surrender or arrest within six weeks be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Barun P.S.Case No. 127 of 2018, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (Vinod Kumar Sinha, J) Sudha/- U T