Sunil Kumar vs State Of Bihar & Anr on 27 August, 2018

Patna High Court - Orders

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.49049 of 2018
                     Arising Out of PS.Case No. -120 Year- 2018 Thana -BARUN District- AURANGABAD
                 ======================================================
                 Sunil Kumar, Son of Ramesh Kumar Yadav, resident of Village Gogo
                 Thengo, P.O.- Naur, P.S.- Nabinagar, District- Aurangabad (Bihar).

                                                                                .... ....   Petitioner
                                                      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 Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. Sanjeet Kumar Singh
                 For the Opposite Party/s  : Mr. Dr. Rabindra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
                 ORAL ORDER

2 27-08-2018 Heard learned counsel for the petitioner.

Petitioner apprehends his arrest in connection with Barun P.S.Case No. 120 of 2018 registered for the offences punishable under Sections 379, 411, 420/34 of the Indian Penal Code, 4/40 of Bihar Mines and Minerals Concession Rules, 1972 and Section 15 of Prevention of Pollution Act, 1986.

Allegation as per FIR is that police intercepted 12 trucks loaded with sand, including the truck of the petitioner.

Submission of learned counsel for the petitioner is that petitioner is owner-cum-driver of the truck and as he was not there he could not produce the challan and he has valid challan for extracting the sand.

Patna High Court Cr.M isc. No.49049 of 2018 (2) dt.27-08-2018

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Heard learned APP also.

Having heard both sides and in the facts and circumstances, let the petitioner, named above, in the event of his arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five 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. 120 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.

(Vinod Kumar Sinha, J) spal/-