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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34237 of 2018 Arising Out of PS.Case No. -69 Year- 2018 Thana -BARUN District- AURANGABAD ====================================================== Virit Bind @ Bhikhi Bind, S/o Mahadao Bind, R/o Vill.- Harnathpur, P.S.- Sonhan , District- Kaimur (Bihar). .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs. Leelawati Kumari, Advocate. For the Opposite Party/s : Mr. Sakir Ahmad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
2 20-06-2018 Heard learned counsel for the petitioner and the State.
The petitioner apprehends his arrest in Barun P.S. Case No. 69 of 2018 instituted for the offence under Sections 379, 420/34 of the Indian Penal Code, Sections 4/40 of Bihar Mines Act and Section 15 of Prevention of Pollution Act.
Learned counsel for the petitioner has submitted that petitioner is owner of seized Eicher Tractor bearing BR 45GA/0352. The petitioner was not present on the spot. It has further been submitted that the sand was loaded in the Tractor with valid Challan.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six Patna High Court Cr.M isc. No.34237 of 2018 (2) dt.20-06-2018 2/2 weeks from today, in connection with Barun P.S. Case No. 69 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 learned 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) S.Ali/-
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