Patna High Court Cr.M isc. No.26765 of 2018 (2) dt.03-05-2018

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                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Criminal Miscellaneous No.26765 of 2018
                         Arising Out of PS.Case No. -69 Year- 2018 Thana -BARUN District- AURANGABAD
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                   1. Vikash Kumar Son of Ramashish Singh, Resident of Village-Barun,
                   P.O.-Barun, P.S.-Barun, District-Aurangabad (Bihar),

                                                                                  .... ....   Petitioner/s
                                                           Versus
                   1. The State of Bihar
                   2. The District Mines Officer, Aurangabad. Dist.-Aurangabad Bihar.

                                                                   .... .... Opposite Party/s
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                   Appearance :
                   For the Petitioner/s     : Mr. Sanjeet Kumar Singh
                   For the Opposite Party/s   : Mr. Sri Arun Kumar Singh -5
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                   CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
                   ORAL ORDER

2 03-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in a case instituted for the offences under Sections 379, 420/34 of the Indian Penal Code, 4/40 Bihar Mines Act and 15 of Prevention of Pollution Act.

Allegation has been made for lifting illegal sand from Kochar Ghat. On raid conducted by the police party they unloaded the sand but all vehicles were seized.

Learned counsel for the petitioner submits that there is no allegation of carrying the sand but there was allegation of parking the vehicle.

Looking to the facts and circumstances of the case, in the Patna High Court Cr.M isc. No.26765 of 2018 (2) dt.03-05-2018 2 event of arrest or surrender within four weeks from today, let petitioner, namely, Vikash Kumar, be released on anticipatory bail on furnishing bail bonds 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.69 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioner for investigation or interrogation he will present himself before the police. In the event of being absent on two consecutive dates this order will be treated to have been withdrawn.

(Shivaji Pandey, J) Vinay/-

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