IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25122 of 2019
                      Arising Out of PS. Case No.-49 Year-2019 Thana- BARUN District- Aurangabad
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                 Baljit Kumar @ Baljit Singh S/o Prayag Prasad R/o village- Patarhi, P.S.-
                 Sheo Sagar, District- Rohtas, at present R/o village- Sonnagar Kochad, P.S.-
                 Barun, District- Aurangabad.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar.

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Singh
                 For the Opposite Party/s :       Mr. Pranav Kumar
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                 CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA
                 JAISWAL
                                       ORAL ORDER

2 24-04-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 379, 420 and 411/34 of the Indian Penal Code and 4/40 BMMC Rules & 15 of Pollution Control Act.

Illegal sand laden tractor of the petitioner is said to have been seized by the police personnel and its driver managed to escape.

Learned counsel for the petitioner submitted that no such occurrence as alleged ever took place. The petitioner is quite innocent and has been falsely implicated in this case. As a matter of fact, petitioner happens to be owner of the said tractor Patna High Court CR. MISC. No.25122 of 2019(2) dt.24-04-2019 2/2 and the driver of the tractor was transporting the sand without his knowledge. At the time of occurrence, the driver of the tractor had gone to get the challan issued in the meantime the tractor was seized and the driver fled away threatening his arrest. There is violation of Section 100 Cr.P.C. 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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Aurangabad in connection with Barun P.S. Case No. 49 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) Trivedi/-

U       T