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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.52076 of 2018 Arising Out of PS.Case No. -139 Year- 2018 Thana -BARUN District- AURANGABAD ====================================================== 1. Raju Singh, S/o Ramasare Singh, R/o Pauthu Sada Bigha, P.S.- Jamhore, District- Aurangabad. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Rajesh Ranjan Jha, S/o Anirudh Mishra, R/o Renter flat 366, Lohianagar, P.S.- Kankarbagh, District- Patna. At present Minig Development Officer, Aurangabad. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
2/ 31-08-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Barun P.S. Case No.139 of 2018 instituted for the offence under Section(s) 379, 411, 420/34 Indian Penal Code, Section 4/40 BMMC Rules and Section 15 of Pollution Control Act.
Counsel for the petitioner submits that petitioner is owner-cum-driver of the tractor, which is mentioned at serial No.3 in the written report. Petitioner has not been caught at the spot. Counsel for the petitioner further submits that tractor was parked in no parking zone and the same was seized by the police.
In the facts and circumstances of the case, prayer of the Patna High Court Cr.M isc. No.52076 of 2018 (2) dt.31-08-2018 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.139 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 Chief Judicial Magistrate, 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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) JA/-
Rohit Kr.
U T