IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.44499 of 2018
                     Arising Out of PS.Case No. -116 Year- 2018 Thana -BARUN District- AURANGABAD
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                 Jitendra Kumar, S/o Late Bishnu Singh @ Late Bishun Singh Yadav, R/o
                 Village- Kolhad, P.S.- Barun, District- Aurangabad (Bihar).

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

                                                                .... .... Opposite Party
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                 Appearance :
                 For the Petitioner/s     : Mr. Ravindra Kumar
                 For the Opposite Party/s  : Mr. Naresh Dikshit
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                 CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
                 ORAL ORDER

2 30-07-2018 Heard learned counsel for the petitioner.

Petitioner apprehends his arrest in connection with Barun P.S.Case No. 116 of 2018 registered for the offences punishable under Sections 379, 411, 420, 34 of the Indian Penal Code and Sections 4/40 of Bihar Mines and Minerals Concession Rules, 1972, including Section 15 of Prevention of Pollution Act, 1986.

Allegation as per FIR is that seven tractors loaded with sand were intercepted and petitioner is owner-cum-driver of one of the tractors.

Submission of learned counsel for the petitioner is that the seizure list does not show that tractor was loaded with sand, rather it is disclosed that some (ans) of sand was found in the tractor.

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Heard learned APP also.

Having heard both sides and in the facts and circumstances, let the petitioner, named above, in the event of his arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, in connection with Barun P.S.Case No. 116 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.

(Vinod Kumar Sinha, J) spal/-

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