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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.57311 of 2018 Arising Out of PS.Case No. -136 Year- 2018 Thana -BARUN District- AURANGABAD ====================================================== 1. Doman Singh S/o Ramadhar Singh R/o Village - Ram Gulam Bigha Tola, P.S. - Barun, District - Aurangabad (Bihar). 2. Shashi Kumar @ Shashi Kumar Yadav, S/o Ramsabuj Yadav, R/o Village - Nachi Dhaura Makali Chandrapura, P.S. - Chandrapura, District - Bokaro (Jharkhand). .... .... Petitioner/s Versus 1. The State of Bihar. 2. The Principal Secretary cum Commissioner Department of Mines and Geology, Government of Bihar, Patna. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravindra Kumar, Advocate For the Opposite Party/s : Mr. Naresh Dixit, Advocate Ms. Kalpana, Advocate For the State : Mr. Sunil Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
3 29-10-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 379, 411, 420/34 of the Indian Penal Code, Section 4/40 of the Bihar Mines and Minerals Concession Rules, 1972 and Section 15 of the Prevention of Pollution Act, 1986.
Allegation against the petitioner is of engaging in illegal mining of sand.
Submission of the learned counsel for the petitioner is Patna High Court Cr.M isc. No.57311 of 2018 (3) dt.29-10-2018 2/2 that he had purchased sand from the contractor for his personal work and the allegation is false and concocted.
Hence, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Barun Police Station Case No. 136 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.
(Birendra Kumar, J) Kundan/Rajan U T