IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22585 of 2019
                      Arising Out of PS. Case No.-36 Year-2019 Thana- BARUN District- Aurangabad
                 ======================================================
           1.     MD. USMAN SHEIKH @ MD. USMAN SHEKH Son of Md. Nabibaksh
                  Sheks, Resident of Village - Bairi, P.S.- Itarhi, Distt.- Buxar.
           2.    Md. Azaz Son of Ummat Rasul Resident of Village - Bairi, P.S.- Itarhi,
                 Distt.- Buxar.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    THE State of Bihar
           2.    The Principal Secretary cum Commissioner Department of Mines and
                 Geology, Govt. of Bihar, Patna. Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ravindra Kumar
                 For the Opposite Party/s :       Mr.Asha Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
                 SINGH
                                       ORAL ORDER

2 10-04-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Barun P.S. Case No. 36 of 2019, disclosing offences under Sections 379, 411 and 420/34 of the Indian Penal Code, Section 4/40 of Bihar Mines and Minerals Concession Rules, 1972 and Section 15 of Prevention of Pollution Act, 1986.

The Mining Officer is said to have seized 07 tractors loaded with illegally mined sand, but neither any driver nor any owner of the tractors was found. The petitioners are owner and the driver of one of the tractors, description of which has been given at serial no.4 of the seizure list. It is, thus, an admitted Patna High Court CR. MISC. No.22585 of 2019(2) dt.10-04-2019 2/3 fact that petitioner no.2 was driving one of the tractors.

It has been argued on behalf of the petitioners that since they were not found present at the time of raid, they cannot be validly implicated of the offence also.

Since this an admitted fact that petitioner no.2 was driving the tractor on which illegally mined sand was found loaded, I am not inclined to grant him the privilege of anticipatory bail.

So far as petitioner no.1, who is said to be the owner of the tractor, is concerned, since there is no allegation that illegally mined sand was being transported with his approval and knowledge, his prayer for grant of anticipatory bail is allowed. Let petitioner no.1, Md. Usman Sheikh @ Md. Usman Shekh, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No. 36 of 2019, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may Patna High Court CR. MISC. No.22585 of 2019(2) dt.10-04-2019 3/3 be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) HR/-

U      T