Allowed

Mithlesh Kumar Gop @ Mithlesh Kumar Gope v. The State Of Bihar, Through The Principal Secretary Cum Commissioner Department Of Mines And Geolog

Patna HC9 May 2018CR. MISC./28417/2018

Case brief

AI extract

What is this about?

, High Court allowed anticipatory bail for petitioner in an IPC and mining/Pollution Act case, directing release on bail with sureties and conditions for appearance and non-tampering.

What did the court decide?

Petitioner to be released on bail on production/surrender within six weeks, subject to furnishing bond of Rs. 10,000 and two sureties of similar amount with specified conditions.

Mithlesh Kumar Gop @ Mithlesh Kumar Gope Vs The State Of… — Anticipatory Bail | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28417 of 2018

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Arising Out of PS. Case No.-69 Year-2018 Thana- BARUN District- Aurangabad

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======================================================

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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.

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... ... Petitioner/s

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Versus

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

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... ... 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

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2 09-05-2018

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Heard learned counsel for the petitioner and the

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State.

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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.

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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.

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Learned counsel for the petitioner has further submitted that similarly situated other accused has already been

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

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granted anticipatory bail by a coordinate Bench of this Court vide order dated 03.05.2018 passed in Cr. Misc. No. 26765 of 2018.

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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.

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(Sanjay Priya, J)

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khushbu/-

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U T

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

Mithlesh Kumar Gop @ Mithlesh Kumar Gope v. The State Of Bihar, Through The Principal Secretary Cum Commissioner Department Of Mines And Geolog

Case brief

What is this about?

What did the court decide?

Mithlesh Kumar Gop @ Mithlesh Kumar Gope v. The State Of Bihar, Through The Principal Secretary Cum Commissioner Department Of Mines And Geolog

Case brief

What is this about?

What did the court decide?

What the court decided

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