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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34862 of 2019 Arising Out of PS. Case No.-81 Year-2019 Thana- BARUN District- Aurangabad ====================================================== MUKESH KUMAR SINGH, aged about 43 years, Male, Son of Akshay Kumar Singh Resident of Village- jakhi Bigha, P.S.- Dehri, District- Rohtas. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar For the Opposite Party/s : Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 29-05-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 379, 411, 420/34 of the Indian Penal Code and Sections 4/40 of BMMCR and Section 15 of the Environment and Pollution Act, 1986.
Prosecution case in short is that on 10.04.2019 the informant raided canal pit situated towards eastern side of Dhamni Lock and found 14 trucks/tractors, sand was stocked there. No papers were produced. One person namely Kamlesh Yadav driver of the truck no.UP 67 AT 2811 was held. Rest of the accused fled away but the vehicles with consignment were seized.
The contention of the petitioner is that the petitioner is Patna High Court CR. MISC. No.34862 of 2019(2) dt.29-05-2019 2/2 owner of the tractor bearing registration No.BR24GB-3931, Chesis No.T053403758FG. He further submits that similarly situated co-accused Rajesh Kumar Gupta has already been granted anticipatory bail by this Court in Cr.Misc.No.30895 of 2019 vide order dated 09.05.2019. Petitioner has got clean antecedent.
Considering the facts aforesaid, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad/successor Court in connection with Barun P.S. Case No. 81 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioner.
(Prabhat Kumar Singh, J) B.Kr./-
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