Sunil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16212 of 2020 Arising Out of PS. Case No.-40 Year-2020 Thana- DEHRI TOWN District- Rohtas ====================================================== 1.

SUNIL SINGH son of Surendra Singh Resident of Village - Khemaupur, P.O.- Chandeshwar, P.S. - Sidhari, District - Azamgarh (U.P.). 2.

Gulab Chand son of Sri Rambelash Resident of Village - Rajepur, Shaharayarpur, P.S.- Rajesultanpur, District- Ambedkar Nagar (U.P.) 3.

Gyan Pratap Singh Son of Jagdish Singh Resident of Village - Khemaupur, P.O.- Chandeshwar, P.S. - Sidhari, District - Azamgarh (U.P.). 4.

Dayaram Yadav @ Daya ram Son of Sumer Singh Resident of Village - Bachhwapur, P.S. - Maharajganj, District - Azamgarh (U.P.). ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

The District Mining officer Rohtas at Sasaram. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Singh For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-10-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in Dehri Town P.S. Case No. 40 of 2020, registered for the offences punishable under Section 379/411 of the Indian Penal Code and section 56(1), 56(2) of the Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2019.

Patna High Court CR. MISC. No.16212 of 2020(3) dt.06-10-2020 2/2 Petitioners are owners and driver of the seized trucks and allegation against them is that they transported illegal sand through their trucks without having valid license. It is submitted that petitioners have been falsely implicated in this case merely on suspicion. Petitioners are not named in the FIR. Petitioners are bona fide owners and drivers of the truck. No case under Section 379 and 411 of IPC is made out against the petitioners. Petitioners have got clean antecedent as mentioned in para 3 of the bail petition.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Dehri, Rohtas in connection with Dehri Town P.S. Case No. 40 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T