Birendra Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6991 of 2020 Arising Out of PS. Case No.-98 Year-2018 Thana- CHANDI District- Bhojpur ====================================================== Birendra Pal, Son of Ram Sirit Pal, Resident of Village - Mahadevpur Kalan, P.S.- Chakia, District- Chandauli (U.P.) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Chandi P.S. Case No. 98 of 2018 for the offence under Sections 420, 467, 468, 471, 379/34 of the Indian Penal Code, Sections 21(1), 21(4) of MMDR Act, 40(8) of BMMC Rule, 1972 and Section 8(a), 8(u) of Environment Act. Allegation against the petitioner, who is driver of the Truck, is that he was carrying sand without valid Challan i.e. use of one Challan for loading, unloading and plying different Truck loaded with sand.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. He further submits that he is not the owner of the truck.

Considering the fact that the petitioner has got no

Patna High Court CR. MISC. No.6991 of 2020(2) dt.28-02-2020 2/2 criminal antecedent and he is the driver of the Truck, the petitioner named above, in the event of arrest or surrender before the court below within one month from today, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M.-XII, Bhojpur at Ara in connection with Chandi P.S. Case No. 98 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Upadhyay, J) uday/- U T