Ramnath Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44680 of 2016 Arising Out of PS.Case No. -162 Year- 2016 Thana -KHIJARSARAI District- GAYA ======================================================

1. Ramnath Rai Son of Sri Mohit Rai, Resident of Village- Kateshwar, P.S.- Sakra, District- Muzaffarpur (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Aditya Shankar, Adv. Mr. Niraj Kumar, Adv.

Mr. Sanchay Srivastava, Adv.

For the Opposite Party/s : Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-379, 406, 420/34 of the Indian Penal Code and Sections4, 21 MM(DR) Act, 1957, 04-40 BMMC Rules 1972, 5(a)(c) 8(a) Prevention of illegal Mining and Transportation and Storage Rules, 2003.

Stone chips laden truck was intercepted by mining officials. The aforesaid truck was being driven by the petitioner. The petitioner produced a challan for carrying stone chips. Subsequently, the aforesaid challan was found forged. Submission on behalf of petitioner is that the

Patna High Court Cr.Misc. No.44680 of 2016 (2) dt.18-10-2016 2/2 petitioner being an illiterate person was not aware that the challan which had been given to him, was forged.

However, considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Khizarsarai P.S. Case No. 162 of 2016 to the satisfaction of Sri P. K. Pandey, learned Judicial Magistrate-Ist Class, Gaya.

(Hemant Kumar Srivastava, J) A.K.V./- U T