IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Miscellaneous No.1793 of 2019
                     Arising Out of PS. Case No.-227 Year-2018 Thana- BARUN District- Aurangabad
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                 1. Istekhar Khan, son of Md. Safik, Resident of Village-English, Police
                    Statio-Barun, District-Aurangabad (Bihar).
                 2. Md. Rustam @ Md. Rustam Khan, son of Late Farad Mohammad,
                    Resident of Village Bhakharua More, Police Station - Daudnagar, District-
                    Aurangabad (Bihar).

                                                                                  ... ... Petitioner/s
                                                      Versus
                 The State Of Bihar

                                                           ... ... Respondent/s
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                 Appearance :
                 For the Petitioner/s   :        Mr.Birendra Kumar Singh
                 For the Respondent/s   :        Mr.Sri Ram Naresh Ray
                 For the Mines          :        Mr. Naresh Dikshit, Spl. P.P.,
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                 CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
                                       ORAL ORDER

2 15-01-2019 Heard learned counsel for the petitioner and the State..

The petitioners apprehending their arrest in connection with Barun P.S. Case No.227 of 2018 registered for the offence punishable under Sections 379, 411, 420, 34 of the Indian Penal Code and 4/40 BMMCR and 15 of Pollution Act.

Prosecution case as per the written report is to the effect that the informant, Abdul Sattar Saif, Mining Officer raided the Kocharh Balu Ghat and 8 tractors loaded with sand were intercepted without any valid challan and relevant papers.

Learned counsel for the petitioners submits that petitioners are neither the owner nor the driver of the tractors. Patna High Court Cr.Misc. No.1793 of 2019(2) dt.15-01-2019 2/2 Learned counsel for the Mines vehemently opposed the prayer for bail and submits that the due to illegal mining and transportation, huge loss is being caused to public exchequer.

Considering the nature of accusation made against the petitioners, the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bond of Rs.10000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad (Bihar) in connection with Barun P.S. Case No.227 of 2018.

(Dinesh Kumar Singh, J) sanjeev/-

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