Patna High Court - Orders
Ganesh Prasad @ Ganesh Prasad Singh vs The State Of Bihar on 19 September, 2017
Author: Nilu Agrawal
Bench: Nilu Agrawal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41761 of 2017
Arising Out of PS.Case No. -141 Year- 2015 Thana -BIKRAMGANJ District- SASARAM
(ROHTAS)
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Ganesh Prasad @ Ganesh Prasad Singh son of Ram Dular Singh resident of
village - Mathurapur, P.S. Sanjahuli, District Rohtas.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Kumar Dharmendra Narayan
For the Opposite Party/s : Mr. Sri Nand Kumar
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CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL
ORAL ORDER
2 19-09-2017Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in connection with Bikramganj P.S. Case No.141 of 2015 for offences punishable under Sections 379, 411, 120B of the Indian Penal Code, 4/44 Mines and Minerals Act and 33, 41, 42, 51 and 52 Forest Act.
The prosecution case, as lodged by the police personnel, is that a truck loaded with stone chips met with an accident and since the driver did not produce any papers hence the truck along with stone ships was seized. Accordingly, the seizure list was prepared.
It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the Patna High Court Cr.Misc. No.41761 of 2017 (2) dt.19-09-2017 2/2 aforesaid case as he is a registered permit holder of lifting stone chips and the truck belonged to him which he was driving. He submits that no offence has been made out and all the papers have been submitted and simultaneously confiscation proceedings have also been initiated against him. He submits that he is languishing in judicial custody since 19.07.2017 for no fault.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bikramganj, Rohtas in connection with Bikramganj P.S. Case No.141 of 2015, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.
(Nilu Agrawal, J) Devendra/-
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