IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Miscellaneous No.77658 of 2018
                       Arising Out of PS. Case No.-22 Year-2018 Thana- MALI District- Aurangabad
                 ======================================================
                 Saroj Kumar Singh S/o Anugrah Singh, R/o Vill.- Sworjpuri Road, Gaya,
                 P.S.- Kotwali (Gaya), District- Gaya. At present R/o Vill.- Sobhekhap, P.S.-
                 Nararikala Khurd, District- Aurangabad.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashok Kumar Singh
                 For the Opposite Party/s :       Mr. Ram Naresh Ray (APP)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. KUMAR
                                       ORAL ORDER

2 02-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Mali P.S. Case No. 22 of 2018 registered for the offence punishable under Sections 379, 411/34 of the Indian Penal Code, 4/40 BMMC Rules & 15 of Pollution Control Act.

Informant has alleged that petitioner was driver of the tractor on which sand was loaded which was illegally mined and was taken to Bairiya.

It has been submitted on behalf of the petitioner that petitioner is the driver of the tractor. It has been further submitted that similarly co-accused, namely Satendra Singh @ Satendra yadav, Rajesh Singh and Mahendra Singh have been Patna High Court Cr.Misc. No.77658 of 2018(2) dt.02-01-2019 2/2 granted bail by a co-ordinate Bench of this Court as contained in Annexure-2. Petitioner has no criminal antecedent and he is in custody since 16.11.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad, in connection with Mali P.S. Case No. 22 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) 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.

(S. Kumar, J) veena/-

U         T