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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
Reeta Devi @ Rita Devi & Anr vs State Of Bihar & Anr on 20 December, 2018
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Miscellaneous No.73310 of 2018
                      Arising Out of PS. Case No.-186 Year-2018 Thana- BARUN District- Aurangabad
                 ======================================================
                 1. Reeta Devi @ Rita Devi, W/o Upendra Singh, R/o village - Begen, P.S.
                 Chandi, District - Rohtas.
                 2. Ashok Singh, S/o Gorakh Singh, R/o Village - Malu Khaira, P.S. Barun,
                 District - Aurangabad (Bihar)

                                                                                   ... ... Petitioners
                                                  Versus
                 1. State Of Bihar.
                 2. 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. Chandra Bhushan Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR
                 SRIVASTAVA
                                       ORAL ORDER

2 20-12-2018 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Barun P.S. Case No. 186 of 2018 registered for the offences punishable under Sections 379, 411, 420/34 of the Indian Penal Code and Section 4/40 of Bihar Mines and Minerals Concession Rules, 1972 and Section 15 of Prevention of Pollution Act, 1986.

Four tractors laden with sand were seized by the officials. Petitioner no. 1 happens to be owner of one of the tractors and petitioner no. 2 is driver of the said tractor. However, it is informed that having more or less similar Patna High Court Cr.Misc. No.73310 of 2018(2) dt.20-12-2018 2/2 allegation co-accused Jitendra Kumar Singh @ Jitendra Singh has already been admitted to anticipatory bail by a co-ordinate bench of this court vide order dated 17.12.2018 passed in Cr. Misc. No. 68728 of 2018.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, above named, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in Barun P.S. Case No. 186 of 2018 subject to conditions as laid down under Section 438(2) of the Cr.P.C.



                                         (Hemant Kumar Srivastava, J)

shahzad/-rajeev

U      T