IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Miscellaneous No.28417 of 2018
                      Arising Out of PS. Case No.-69 Year-2018 Thana- BARUN District- Aurangabad
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                 Mithlesh Kumar Gop @ Mithlesh Kumar Gope, S/o Ram Rup Yadav @ Ram
                 Rup Singh, R/o Village - Baijnath Bigha, Ward No. 31, P.O. + P.S.
                 Aurangabad, District - Aurangabad.

                                                                         ... ... Petitioner/s
                                                 Versus
                 The State of Bihar, through the Principal Secretary Cum Commissioner
                 Department of Mines And Geology, Government of Bihar , Patna.

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjeet Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Naresh Dikshit, APP
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                 CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
                                       ORAL ORDER

2 09-05-2018 Heard learned counsel for the petitioner and the State.

The petitioner apprehend arrest in Barun P.S. Case No. 69 of 2018, instituted for the offence under Sections 379,420,34 of the IPC and Section 4/40 of the Bihar Mines Act and Section 15 of the Prevention of Pollution Act.

In the written report it is alleged that 29 tractors loaded with sand were found parked and on seeing the police the drivers of the tractors fled away. The petitioner is said to be one of the driver-cum-owner of the tractor bearing registration no. BR26GA1422.

Learned counsel for the petitioner has further submitted that similarly situated other accused has already been Patna High Court Cr.Misc. No.28417 of 2018(2) dt.09-05-2018 2/3 granted anticipatory bail by a coordinate Bench of this Court vide order dated 03.05.2018 passed in Cr. Misc. No. 26765 of 2018.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Barun P.S. Case No. 69 of 2018, to the satisfaction of the learned CJM, Aurangabad, subject to condition as laid down u/S 438 (2) of the 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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (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.

(Sanjay Priya, J) khushbu/-

U T Patna High Court Cr.Misc. No.28417 of 2018(2) dt.09-05-2018 3/3