IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.54512 of 2018
                     Arising Out of PS.Case No. -136 Year- 2018 Thana -BARUN District- AURANGABAD
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                 Indrajit Kumar S/o Shri Sikandar Singh, R/o Vill.- Inglish, P.S.- Barun,
                 District- Aurangabad.

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

                                                                .... .... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :   Mr. Ravindra Kumar
                 For the Opposite Party/s   : Mr. Smt. Sucheta Yadav
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                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN
                 PRASAD
                 ORAL ORDER

2 08-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, in the present case, is seeking anticipatory bail in connection with Barun P.S. Case No. 136 of 2018 dated 11.07.2018, registered for offences alleged under Sections 379/411/420/34 of the Indian Penal Code and Section 4/ 40 of Bihar Minerals Concession Rules, 1975 and Section 15 of Prevention of Pollution Act, 1986.

Learned counsel for the petitioner submits that the petitioner happens to be the owner of Swaraj Tractor which has been falsely implicated in the present case on mere suspicion. It is alleged that the owner of the said vehicle is involved in illegal mining, Patna High Court Cr.M isc. No.54512 of 2018 (2) dt.08-10-2018 2/2 however, there is nothing to implicate the petitioner in connection with the allegation of illegal mining.

Learned A.P.P. for the State is present and has opposed the prayer for grant of anticipatory bail to the petitioner.

Considering the facts and circumstances of the case, wherein, the petitioner has not been arrested on the spot but has been made accused on the allegation that the Tractor of which the petitioner is the owner was left by the Driver it is, however, not alleged that the Tractor of the petitioner was loaded with sand, let the petitioner above named be enlarged on bail in case of his arrest or surrender within four weeks from today, on furnishing bail bond of Rs.15,000/- (fifteen 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. 136 of 2018, subject to the conditions U/S 438(2) Cr.P.C.

(Rajeev Ranjan Prasad, J) R.R.Ojha.

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