Hemant Sharan @ Kundan Sharan @ Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11143 of 2020 Arising Out of PS. Case No.-302 Year-2019 Thana- GHOSI District- Jehanabad ====================================================== Hemant Sharan @ Kundan Sharan @ Kundan Kumar S/o Ram Snehi Sharan R/o village- Nandana, P.S.- Ghoshi, District- Jehanabad ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Lal Babu Singh, Advocate For the Opposite Party :
Mrs. Dr. Indiwar Kumari, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-06-2020 This matter is taken up for consideration through Video Conferencing.
Heard learned counsel for the parties.
Petitioner apprehends arrest in a case registered for the offences punishable under Sections 420/120B and other allied sections of the Indian Penal Code, sections 2, 3 and 4 of the Bihar Minerals (Prevention of illegal mining, transportation and storage) Rules, and section 15 of the Environment Protection Act, 1986.
Acting on a secret information regarding illegal extraction of sand, raid was conducted by the police at different times and a number of vehicles were seized engaged in illegal mining while several accused persons were also arrested on the spot.
Learned counsel appearing for the petitioner submits that the petitioner's name has been given in the FIR only on suspicion, though he is neither the owner nor the driver of the seized vehicles. Further, no material has been collected by the police during investigation to connect the petitioner with the alleged offence of illegal mining. Petitioner has got no criminal antecedent.
Considering the facts of the case, let the petitioner,
Patna High Court CR. MISC. No.11143 of 2020(2) dt.17-06-2020 2/2 above named, in the event of surrender before the Court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate 1, Jehanabad in Ghoshi Police Station Case No. 302/2019, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Shashi U T