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Cites 3 docs
Section 438(2) in The Code Of Criminal Procedure, 1973
Section 15 in THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
The Indian Penal Code

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Patna High Court - Orders
Ram Naresh Singh vs The State Of Bihar on 8 October, 2018
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Criminal Miscellaneous No.57450 of 2018
                    Arising Out of PS.Case No. -147 Year- 2018 Thana -BARUN District- AURANGABAD

               ======================================================
               Ram Naresh Singh, S/o Ram Lakhan Singh, R/o Vill.- Chamardiha, P.S.-
               Madanpur, District- Aurangabad.
                                                                               .... ....   Petitioner
                                                     Versus
               The State of Bihar                                        .... .... Opposite Party
               ======================================================
               Appearance :
               For the Petitioner/s           :   Mr. Shailesh Kumar Singh, Advocate
               For the Opposite Party/s       :   Mr. Navin Kumar Pandey, APP
               ======================================================
               CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
               ORAL ORDER

2 08-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Barun P.S. Case No.147 of 2018 registered under Sections 379, 411, 420 read with 34 of the Indian Penal Code and sections 4 and 40 of the Bihar Mines Act as well as section 15 of the Prevention of Pollution Act.

Learned counsel for the petitioner submitted that the petitioner has got no concern either with the illegal mining or transportation of illegally mined sand. He is owner of the tractor and he is not aware under what circumstances the driver had Patna High Court Cr.M isc. No.57450 of 2018 (2) dt.08-10-2018 2/2 loaded sand over the tractor trailor. He contended that save and accept the fact that the petitioner is owner of the tractor trailor in question, there is no material to connect him with the alleged offences.

Learned counsel for the State opposed the application for grant of bail to the petitioner.

Regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No. 147 of 2018 subject to the conditions as laid down under Section 438(2) Cr. P.C (Ashwani Kumar Singh, J.) Sanjeet/-

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