Bharat Kumar Dubey @ Bhorat Kumar Dubey And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62899 of 2017 Arising Out of PS.Case No. -187 Year- 2017 Thana -MUFFASIL District- AURANGABAD ======================================================

1. Bharat Kumar Dubey @ Bhorat Kumar Dubey, S/o Late Nand Kishore Dubey, R/o Village- Titari, P.S.- Sasaram, District- Rohtas.

2. Kunal Kumar S/o Siyaram Chandrabanshi, R/o Village- Belaw, P.S.- Mehandia, District- Arwal.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-01-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Muffasil PS case no. 187 of 2017 registered for the offences punishable under Sections 379, 411, 420, 120(B) of Indian Penal Code, 3, 4, 5 of Bihar Illegal Mines Act and 194(I) of Motor Vehicles Act.

The allegation is regarding the petitioners' truck being over-loaded with stone chips.

The learned counsel for the petitioners submits that the only allegation is with regard to over-loading and there is no allegation regarding carrying of illegally mined minerals. It is

Patna High Court Cr.Misc. No.62899 of 2017 (2) dt.11-01-2018 2/2 further submitted that the petitioners have clean antecedents and similarly situated co-accused persons have already been granted anticipatory bail.

Having regard to the facts and circumstances of the case, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Muffasil PS case no. 187 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J.) rinkee/- U T