Amit Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41274 of 2017 Arising Out of PS.Case No. -177 Year- 2017 Thana -RAJAULI District- NAWADA ======================================================

1. Amit Kumar son of late Hari Sao Resident of Village - Chechai, Near J.J. College Kodarma, P.S. + Distt. Kodarma.

2. Birendra Yadav @ Birendra Kumar Son of Anil Yadav resident of village - Maheshpur, P.S. Domchach, Distt - Kodarma.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-09-2017 Heard learned counsel for the petitioners.

This is an application for bail in connection with Rajauli P.S. Case No. 177 of 2017 registered for the offences punishable under Sections 379, 353 of the Indian Penal Code, 4/40 of Bihar Minor Mineral Concession Rule and Section 8(D) of Illegal Mining Transportation and Storage Act.

Allegation against the petitioners is of carrying prohibited minerals in the truck and they have been arrested at the spot.

Submission of learned counsel for the petitioners is that they are passengers and they have nothing to do with the seized articles and they are in custody for about two months. Heard learned APP also.

Patna High Court Cr.Misc. No.41274 of 2017 (2) dt.07-09-2017 2/2 Having heard both sides and in view of facts and circumstances, let petitioners, above named, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada, in connection with Rajauli P.S. Case No. 177 of 2017, subject to the following conditions :- (1) One of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned, (2) Petitioners will co-operate in trial and appear in court on each and every date fixed in the case and on failure to appear without any genuine ground or without permission of court, their bail bonds shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U