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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40274 of 2018 Arising Out of PS.Case No. -22 Year- 2018 Thana -M ALI District- AURANGABAD ====================================================== 1. Rajesh Singh, S/o Virendra Singh, Resident of Village- Sobhe Khap, P.O.- Jhumar Dihra, P.S.- Narari Kala Khurd, District- Aurangabad (Bihar). .... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Harendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 11-07-2018 Heard the parties.
The petitioner seeks anticipatory bail in connection with Mali P.S.Case No. 22 of 2018, registered for offences punishable under Sections 379, 411 and 34 of the Indian Penal Code and 4/4 BMMCR and 15 Pollution Control Act.
Allegation against the petitioner is of commission of theft of sand and five tractors loaded with sand but on demand the petitioner did not produce any challan.
Submission of the learned counsel for the petitioner is that nothing has been recovered from the possession of the petitioner and the petitioner has own license and challan and the allegation against the petitioner has been false and concocted.
Heard learned A.P.P. , who opposes the prayer for bail. Patna High Court Cr.M isc. No.40274 of 2018 (2) dt.11-07-2018 2/2
Learned A.P.P. opposes the prayer for bail. Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, surrenders before the court below within a period of six weeks from the date of the order, he will be released on provisional bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Aurangabad in connection with Mali P.S.Case No. 22 of 2018, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(Vinod Kumar Sinha, J) Sudha/-
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