IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Miscellaneous No.34123 of 2018
                      Arising Out of PS. Case No.-49 Year-2018 Thana- BARUN District- Aurangabad
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                 Birendra Kumar, Son of Dasrath Singh, Resident of Village- Khairi, Police
                 Station- Sasaram Town (Darigaon), District- Rohtas at Sasaram.

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Raghunandan Kumar Singh
                 For the Opposite Party/s :       Mr. Sri Mukeshwar Dayal
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                 CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
                                       ORAL ORDER

3 25-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Barun P.S. case no. 49 of 2018 instituted for the offence under Section(s) 379, 411, 420 and 120-B/34 of the Indian Penal Code and Sections 4/40 of Bihar Mines Act and Section 15 of Prevention of Pollution Act..

The allegation in the written report is that during the raid conducted under the leadership of District Magistrate 19 tractors loaded with sand were seized. 14 drivers were apprehended and five drivers managed to run away. The petitioner is alleged to be owner of one of the tractor bearing registration no. BR 45G/7789 In the facts and circumstances of the case, prayer of the Patna High Court Cr.Misc. No.34123 of 2018(3) dt.25-06-2018 2/2 petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Barun P.S. case no. 49 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 CJM, Aurangabad, subject to the conditions as laid down under Section 438(2) 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 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.

(Sanjay Priya, J) shyambihari/-

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