Rajesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15916 of 2019 Arising Out of PS. Case No.-208 Year-2018 Thana- BARUN District- Aurangabad ====================================================== RAJESH KUMAR SINGH, Son of Surendra Kumar Singh, Resident of Village - Mohania, P.S.- Mohaniya, District - Kaimur (Bihar) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Purushotam Sharma For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-03-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Barun Police Station Case No. 208 of 2018, disclosing offences under Sections 379, 411, 420 of the Indian Penal Code, Sections 4, 40 of the Bihar Minor Mineral Concession Rules and Section 15 of the Environment Protection Act. The petitioner is the owner of a truck, which has been seized by the Police on the allegation that the same was loaded with illegally extracted sand.

Learned Counsel appearing on behalf of the petitioner has submitted that there is no material to suggest that the petitioner was involved in extraction of illegal sand. The truck is

Patna High Court CR. MISC. No.15916 of 2019(2) dt.14-03-2019 2/2 still in custody of the Police.

Considering the nature of accusation made in the First Information Report, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 Chief Judicial Magistrate, Aurangabad, in connection with Barun Police Station Case No. 208 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √