Sagar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10739 of 2022 Arising Out of PS. Case No.-73 Year-2020 Thana- RAJAON District- Banka ====================================================== SAGAR KUMAR Son of Sanjeet Yadav @ Sanjeet Prasad Yadav Resident of Bishanpur Jichho, Police Station - Lodipur, District - Bhagalpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-09-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as the learned APP for the State.

The petitioner apprehend their arrest in connection with Rajoun P.S. Case No. 73 of 2020, registered for the offences punishable under Sections 379, 411, 120(B) of the Indian Penal Code and under Section 56 Bihar Mineral Concession Prevention of Illegal Mining Transportation and Storage Rule 2019, Section 21 MMDR Act 1957 and Section 15 of Environment (Protection) Act 1986.

As per allegation, a truck bearing registration no. JH10Y8079 was apprehended which was loaded with 1000 CFT sand. The driver became successful in flee away. A motorcycle was

Patna High Court CR. MISC. No.10739 of 2022(2) dt.13-09-2022 2/2 also found parked nearby. The driver of another motorcycle Mr. Amit Ranjan did not produce any document relating to that sand. Learned counsel for the petitioner has submitted that petitioner is neither driver nor owner of that truck wherefrom alleged sand was seized and even Amit Ranjan did not name the present petitioner. He has also submitted that the petitioner is a person of clean antecedent.

Considering the above-mentioned facts and circumstances especially clean antecedent of the petitioner, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, 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 learned C.J.M., Banka in connection with Rajoun P.S. Case No. 73 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- KUNDAN U T