Sunil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29158 of 2018 Arising Out of PS. Case No.-120 Year-2017 Thana- KARAI PARSARAI District- Nalanda ====================================================== Sunil Kumar, son of Parmanand Singh, resident of village-Bandauli, PostMasadhi, Fatuha, P.S. Gaurichak, District-Patna. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.
For the Opposite Party/s :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-05-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Karayparsuray P.S. Case No.120 of 2017 registered under Section 379 of the Indian Penal Code besides Section 4 read with 40 of the Bihar Minor Mineral Concessions Rules, 1972. The accusation is that one tractor attached with trailor was found loaded with sand, which was illegally extracted. The said tractor is said to be driven by this petitioner, owned by one Radhey Prasad.
Learned counsel for the petitioner submits that, in fact, the petitioner is the labourer of the owner of the tractor and the driver, who was driving the tractor, left the tractor and, later
Patna High Court Cr.Misc. No.29158 of 2018(2) dt.10-05-2018 2/2 on, disclosed the name of the petitioner as the driver of the tractor. The petitioner has no criminal antecedent. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Amarjeet Kumar, Judicial Magistrate, First Class, Hilsa, Nalanda, in connection with Karayparsuray P.S. Case No.120 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T