Patna High CourtCR. MISC./59190/2018bail granted

Ashutosh Ranjan v. The State Of Bihar

2018-09-28Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.59190 of 2018 (2) dt.28-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59190 of 2018 Arising Out of PS.Case No. -127 Year- 2018 Thana -BARUN District- AURANGABAD ======================================================

1. Ashutosh Ranjan, Son of Ramchandra Ram, Resident of Village- Barun, P.O. & P.S.- Barun, District- Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 28.09.2018 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Barun P. S. case no. 127/2018 registered under sections 379, 411, 420/34 of the IPC and 15 of the Environmental Protection Act.

Four tractors laden with sand were intercepted and seized by the police officials. Petitioner happens to be one of the owner of the tractor.

The first information report reflects that at the time of seizure of the aforesaid tractor, the tractor was being driven by its driver and there is nothing in the written report that owner of the tractor was also present at the time of

Patna High Court Cr.Misc. No.59190 of 2018 (2) dt.28-09-2018 seizure of the said tractor.

Learned counsel for the petitioner submits that even if the prosecution story assumed to be true, then also, offence of sections 379, 420/34 and 411 of the IPC are not applicable.

Considering the aforesaid facts and circumstances as well as submissions of the parties, in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in Barun P. S. case no. 127/2018 subject to condition as laid down under section 438(2) of the Cr.P.C.

Shahid/ Abhijeet (Hemant Kumar Srivastava,J) U T