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Cites 6 docs - [View All]
Section 379 in The Indian Penal Code
Section 420 in The Indian Penal Code
Section 411 in The Indian Penal Code
Section 15 in THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
Section 438(2) in The Code Of Criminal Procedure, 1973

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Patna High Court - Orders
Bijanti Devi vs State Of Bihar & Anr on 5 July, 2018
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.33831 of 2018
                      Arising Out of PS.Case No. -61 Year- 2018 Thana -BARUN District- AURANGABAD
                 ======================================================
                 1. Bijanti Devi W/o Dharmendra Kumar, R/o Vill.- Arai, P.S.- Daudnagar,
                 Distt.- Aurangabad (Bihar).

                                                                               .... ....   Petitioner/s
                                                       Versus
                 1. The State of Bihar.
                 2. The Managing Director, BMMCR, Patna (Bihar).
                                                                 .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. Birendra Kumar Singh
                 For the Opposite Party/s   : Mr. Sri Mithilesh Kumar Khare
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
                 ORAL ORDER

2 05-07-2018 Heard the learned counsels for the parties.

The petitioner seeks bail in anticipation of her arrest in connection with Barun P.S. Case No. 61/2018 dated 20.03.2018 instituted for the offences under Sections 379, 411, 420, 34 of the Indian Penal Code and Sections 4 and 40 of the Bihar Minor Mineral Concession Rule, 1972 read with Section 15 of the Pollution Act, 1986.

It has been submitted that the petitioner, being the owner of one of the tractors, cannot be held responsible for carrying sand without challan and GPS. The petitioner has got clean antecedent and his implication in the present case, it has been argued, is only because he happens to be the owner of the tractor which was being plied on commercial basis.

Considering the aforesaid facts, the petitioner above Patna High Court Cr.M isc. No.33831 of 2018 (2) dt.05-07-2018 2/2 named is directed to be released on bail, in the event of her surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on her furnishing bond in the sum of Rs. 10,000/- (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. 61/2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.




                                                   (Ashutosh Kumar, J.)
Rakhi


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