Manoj Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49279 of 2018 Arising Out of PS. Case No.-78 Year-2018 Thana- TELHARA District- Nalanda ======================================================

1. Manoj Kumar, S/o Ram Bikash Sao, Owner of Truck No. BR2K/5363, R/o vill.- Andar, Ramana Road, Post -H.P. Office, Gaya, P.S. Civil Line , District- Gaya.

2. Mohan Kumar S/o Jitan Sao, Owner of Truck No. UP 67T/1193, R/o Vill.- Khizar Sarai, P.S.- Khizar Sarai, Ditrict- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tej Narayan Singh For the Opposite Party/s :

Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-09-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 379,411,188 of the Indian Penal Code and Section 4/4 of Bihar Minor Mineral Concession Act, 1972 & Section 8 (d) of Bihar Minerals Act, 2003.

Petitioners are owner of the trucks, which were carrying stone chips without valid challan.

Submission is that the petitioner had no knowledge of the allegation and as soon as the petitioners came to know they deposited entire challan amount. They have got no criminal

Patna High Court Cr.Misc. No.49279 of 2018(2) dt.24-09-2018 2/2 antecedents.

Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Telhara P.S. Case No. 78 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) khushbu/- U T