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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33364 of 2018 Arising Out of PS. Case No.-49 Year-2018 Thana- BARUN District- Aurangabad ====================================================== Ram Prasad Singh S/o Late Ramkrishun Singh, R/o Vill.- Bahuriya Bigha, Iguna, P.S.- Barun, District- Aurangabad. ... ... Petitioner/s Versus 1. The State of Bihar. 2. The State of Bihar, through The Principal Secretary Cum Commissioner Department of Mines and Geology, Government of Bihar, Patna. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeet Kumar Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
2 13-06-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Barun P.S. Case No. 49 of 2018 registered under Sections 379, 411, 420 and 120B/34 of the Indian Penal Code, Section 4/40 of Bihar Mines and Minerals Concession Rules, 1972 and Section 15 of the Prevention of Pollution Act, 1986.
The accusation is of seizing of 19 tractors loaded with illegal sand including the tractor of the petitioner, as detailed at serial no. 16 of the F.I.R.
Learned counsel for the petitioner submits that while the challan was issued in favour of the petitioner at 2 P.M. Patna High Court Cr.Misc. No.33364 of 2018(2) dt.13-06-2018 2/2 on 09.03.2011, but the seizure of tractor loaded with sand has been shown at 11 P.M. Further submissions is that petitioner has no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten 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. 49 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/-
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