Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20679 of 2020 Arising Out of PS. Case No.-17 Year-2020 Thana- HULASGANJ District- Jehanabad ====================================================== Manoj Kumar Son of Late Jagdish Sharma (Owner of tractor bearing registration no. BR02GA - 9707 Resident of Village - Birra, P.S.- Hulasganj, Distt - Jehanabad.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Dr. Anjani Pd. Singh For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-10-2020 Defect no. 1, as pointed out by the office, appears to have already been removed and so far as remaining defects are concerned, the same be ignored.

Heard learned counsel for the petitioner as well as learned P.P. In charge Mr. Ram Priya Sharan Singh appearing for the State.

Petitioner apprehends his arrest in connection with Hulasganj P.S. Case No. 17 of 2020 registered for the offences punishable under Sections 379, 420, 411/34 of the Indian Penal Code.

Tractor of the petitioner was seized while the said tractor was found engaged in illegal mining.

Submission on behalf of the petitioner is that

Patna High Court CR. MISC. No.20679 of 2020(2) dt.09-10-2020 2/2 petitioner is a farmer and the tractor of the petitioner was taken away by driver of the petitioner and, therefore, petitioner was not aware of this fact that said driver was involved in illegal mining.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within six weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Jehanabad in Hulasganj P.S. Case No. 17 of 2020, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) shahzad/- U T