Rajeev Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13663 of 2022 Arising Out of PS. Case No.-67 Year-2021 Thana- PHULPARAS District- Madhubani ====================================================== Rajeev Kumar Sah S/o Teknarayan Sah Resident of- Krishnapuri, Phulparas, P.S.- Phulparas, District- Madhubani (Owner of Hyva) ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vasant Vikas For the Opposite Party/s :
Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2022 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in Phulparas P.S. Case No. 67 of 2021, registered for the offences punishable under Sections 332, 379, 411 of the Indian Penal Code and Rule 56 of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019. As per the prosecution case, one JCB was loading illegal sand on a Hyva vehicle and petitioner is owner of the said Hyva which was found loaded with 400 cft illegal sand. It is submitted that the Hyva vehicle in question was being used on hire for loading and unloading of articles. Petitioner was not involved in illegal mining and transportation of sand and the driver without his knowledge and consent used
Patna High Court CR. MISC. No.13663 of 2022(2) dt.22-08-2022 2/2 his vehicle for transpiration of illegal sand. Petitioner claims clean antecedent.
Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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 learned Chief Judicial Magistrate, Jhanjharpur, Madhubani in connection with Phulparas P.S. Case No. 67 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T