Patna High CourtCR. MISC./60819/2018bail granted

Nand Kishore Pandey And ANR v. State Of Bihar And ANR

2018-10-01Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60819 of 2018 Arising Out of PS.Case No. -240 Year- 2018 Thana -AMARPUR District- BANKA ======================================================

1. Nand Kishore Pandey, S/o Late Mahadeo Pandey,

2. Sanjeev Pandey @ Sanjeev Kumar Pandey, Son of Nand Kishore Pandey, Both resident of Village- Kajhiya, P.S.- Amarpur, District- Banka. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Assistant Director, Mines and Geology Department, Banka. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Mukherjee, Adv For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-10-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code, Section 4/40 of B.M.M.C. Rules, 1972 and 4/21 M.M. (D & R) Act, 1957.

The petitioners are owners of the tractors which were seized alongwith stolen sand.

Submission of learned counsel for the petitioners is that the driver fled away leaving the tractors and the petitioners had no knowledge about the loading or unloading of the sand on the said tractors.

Patna High Court Cr.Misc. No.60819 of 2018 (2) dt.01-10-2018 2/2 Considering the fact that there is no direct evidence against the petitioners, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Amarpur P.S.Case No. 240 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Nitesh/- U T