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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29791 of 2018 Arising Out of PS.Case No. -69 Year- 2018 Thana -BARUN District- AURANGABAD ====================================================== 1. Mahendra Singh, S/o Jangi Singh, Resident of Village- Hatta, P.S.- Chainpur, Dist- Kaimur. 2. Mister Dwarika @ Dwarika Singh, S/o Chirkut Singh, Resident of Village- Koindi, P.S.- Chainpur, Dist- Kaimur. 3. Jagannath Singh @ Jagaranath Singh, S/o Dwarika Singh, Resident of Village- Koindi, P.S.- Chainpur, Dist- Kaimur. 4. Munna Yadav, S/o Baldeo Yadav, Residing at 87/2 B.T. Road, Dist- Kolkata, West Bengal. 5. Arvind Kumar @ Arbind Kumar, S/o Jagarnath Singh, Resident of Village- Koindi, P.S.- Chainpur, Dist- Kaimur. .... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Singh No-10 For the Opposite Party/s : Mr. Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER
3 21-06-2018 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. 69 of 2018 registered for the offences punishable under Sections 379, 420/34 of the Indian Penal Code and 4/40 Bihar Mines Act and section 15 of Prevention of Pollution Act.
The officials of Minining Department seized 29 tractors while the aforesaid tractors were being used in illegal Patna High Court Cr.M isc. No.29791 of 2018 (3) dt.21-06-2018 2/2 mining of sand.
Submission on behalf of the petitioners is that petitioners are owner and driver respectively of two tractors and as a matter of fact, no sand was seized and having, more or less, similar allegation, co-accused Rajiv Kumar and six others have already been granted anticipatory bail vide order dated 30.04.2018 passed in Cr. Misc. No. 24550 of 2018.
In view of the aforesaid submission, above named petitioners, 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) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in Barun P.S. Case No. 69 of 2018 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Hemant Kumar Srivastava, J) N.K/-
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