Shyam Babu Singh And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30229 of 2015 Arising Out of PS.Case No. -15 Year- 2015 Thana -NARARI KALA KHURD DistrictAURANGABAD ======================================================

1. Shyam Babu Singh, Son of Jawahar Singh,

2. Paramjeet Kumar, Son of Lalan Rai, both are residents of New Dillion, Post Office + P.S. Dehri-on-Sone, District- Rohtas .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh, Adv. For the Opposite Party/s : Mr. Ram Chandra Singh, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-08-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Narari Kala P.S. Case No. 15 of 2015 registered for the offences punishable under Sections 379, 411, 420 and 120B of the Indian Penal Code and Sections 3, 4 and 5 of Bihar Illegal Execution of Mines Act.

Learned counsel for the petitioners submits that the petitioners are the owners of the vehicle in question and the drivers indulged in overloading have already been taken into custody.

It is submitted that unless and until these petitioners are extended the protection they shall be unaable to justify and

Patna High Court Cr.Misc. No.30229 of 2015 (2) dt.05-08-2015 2/2 produced papers before the concerned authorities. Learned counsel for the petitioners further submits that the measurement of the vehicle was not taken and it is not known under what circumstances, the excess load was said to have been detected on the vehicle conveying the said sand. It is further submitted that all papers and permits have been found proper and valid after verification by the Mines Development Officer, Aurangabad and, as such, no offence is made out against these petitioners.

Considering the aforesaid submissions and also the fact that the petitioners have no other criminal antecedent, let the above named petitioner, in the event of their arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, 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 the learned Chief Judicial Magistrate, Aurangabad in connection with Narari Kala Khurd P.S. Case No. 15 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Anjana Mishra, J.)