A criminal miscellaneous petition filed for anticipatory bail regarding arrest in a theft and illegal mining case. The court granted bail with specific conditions.
Petitioner released on bail bond of Rs.25,000 with two sureties, conditioned to remain in India and not tamper with evidence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21719 of 2018
Arising Out of PS.Case No. -2 Year- 2018 Thana -MANPUR District- NALANDA (BIHARSHARIFF)
======================================================
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Sri Binod Kumar 3
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
3 18-06-2018 Heard the parties.
The petitioner is apprehending his arrest in connection with Manpur P.S.Case no.2 of 2018 , registered for offences punishable under Section 379 of the IPC and Section 4/40 of the Bihar Minerals Concession Rules, 1972 and Section 8(d) of Bihar Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2003.
Allegation against the petitioner is of committing theft of the sand and the truck was seized. The petitioner is the owner of the truck.
Submission of the learned counsel for the petitioner is that he is owner of the truck as such he has been falsely implicated in this case, which will appear from the seizure list, in which it has
Patna High Court Cr.Misc. No.21719 of 2018 (3) dt.18-06-2018
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not been mentioned that the sand was loaded in the truck and only
truck number has been mentioned.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of 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 bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Biharsharif in connection with Manpur P.S.Case No.02 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
With following conditions : (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) The petitioner will not induce any witness or tamper with the evidence.
With the aforesaid direction, this application is allowed.
(Vinod Kumar Sinha, J)
chn/U T
1 issue framed by the court
Whether petitioner should be released on anticipatory bail in connection with charges of theft and illegal mining.
2 provisions across 2 enactments
Bali Ram Prasad Singh
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
