Patna High CourtCR. MISC./29259/2015bail granted

Gautam Roy v. The State Of Bihar

2015-07-28Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29259 of 2015 Arising Out of PS.Case No. -63 Year- 2013 Thana -SIMRI BAKHTIARPUR District- SAHARSA ======================================================

1. Gautam Roy S/o Late Jagdish Roy Resident of Village Khajuri, P.S. Bakhtiyarpur (Balwa O.P.), District Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Shyam Bihari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-07-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Section 379 of the Indian Penal Code, 4 of Bihar Mineral Development and Regulation Act and 26A of Bihar Mines Minerals Concessions Rules.

The prosecution story, in brief, is that during course of raid for Sessions 2012-13 Bricks Kiln has been found running by the accused persons without any authority in illegal way. On behalf of the petitioner, it has been submitted that the petitioner has got no criminal antecedent. So far Section 379 IPC is concerned, same is not attracted as offence is under Special Act Bihar Mineral Act. Other co accused has been granted bail vide Cr. Misc. No. 17859 of 2015.

Patna High Court Cr.Misc. No.29259 of 2015 (2) dt.28-07-2015 2/2 On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four 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 C.J.M., Saharsa in connection with Bakhtiyarpur P.S.Case No. 63/2013, subject to the conditions as laid down u/s 438(2) Cr.P.C. (Sudhir Singh, J) singh/- U T