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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6346 of 2019 Arising Out of PS. Case No.-243 Year-2018 Thana- BARUN District- Aurangabad ====================================================== 1. SAURABH KUMAR, S/o Ramesh choudhary, R/o village- New Diliyan, P.S - Dehri, Dist. Rohtas 2. Niraj Kumar, S/o Ranjeet Chaudhary, R/o village- Inglish, Son Nagar, P.S. Barun, Dist. Aurangabad ... ... Petitioners Versus 1. The State of Bihar 2. The Principal Secretary-cum-Commissioner, Dept. of Mines and Geology, Govt. of Bihar, Patna ... ... Opposite Parties ====================================================== Appearance : For the Petitioner/s : Mr.Ravindra Kumar For the Mines Dept. : Mr. Naresh Dikshit For the Opposite Party/s : Ms.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
3 01-04-2019 Petitioners seek bail in anticipation of their arrest in connection with Barun P.S. Case No. 243 of 2018, registered for the offences punishable under Sections 379, 411, 420, 34 of the Indian Penal Code, Sections 4/40 of the Bihar Mines and Minerals Concession Rules, 1972 and Section 15 of the Prevention of Pollution Act, 1986.
Allegation as per FIR is that when police raided the Balu Ghat in front of Sone river within the jurisdiction of Barun P.S. they found several tractors loaded with sand and seized those tractors.
Submission of learned counsel for the petitioners is Patna High Court CR. MISC. No.6346 of 2019(3) dt.01-04-2019 2/2 that petitioner No.1 is owner and petitioner No.2 is driver of the tractor and they have simply parked the tractor and they have falsely been implicated in this case.
Heard learned APP and learned counsel for the Mines Department. They have opposed the prayer for anticipatory bail of the petitioners.
Having heard both sides and in the facts and circumstances, let petitioners, above named, surrender within a period of six weeks from the receipt of this order and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order and, if possible, to be disposed of on the same day.
With the above observation, this application is disposed of.
(Vinod Kumar Sinha, J) spal/-
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