Rambachan Singh @ Bachan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20863 of 2019 Arising Out of PS. Case No.-36 Year-2019 Thana- BARUN District- Aurangabad ====================================================== RAMBACHAN SINGH @ BACHAN SINGH Son of Deoraj Singh, Resident of Village-Chandar Bigha, P.S-Barun, District-Aurangabad. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

The Principal Secretary cum Commissioner Department of Mines and Geology, Govt. of Bihar, Patna. Patna.

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 379, 411, 420/34 of the Indian Penal Code, 40(1) the Bihar Minor Mineral Concession Rules, 1972 and Section 15 of the Environment (Protection) Act, 1986.

The prosecution case is that on 25.02.2019, the informant being the Mining Officer, after having received a secret informant that sand is being transported illegally, raided on the

Patna High Court CR. MISC. No.20863 of 2019(2) dt.04-04-2019 2/3 Barun-Daudnagar road and found seven tractors indulged in trafficking of sand illegally. On seeing the raiding party, all the drivers of the tractor escaped from the scene, leading to registration of FIR against the driver and owner of the vehicles. It is submitted by learned counsel for the petitioner that the petitioner has maliciously been framed in the present case. In fact, earlier the petitioner used to drive the tractor in question, but much prior to the alleged date of seizure, he left driving the tractor in question. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by learned Special P.P. Mines that illegal mining is causing huge loss to the state exchequer. Considering the claim of the petitioner that he left driving of the tractor in question much prior to the date of seizure coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Aurangabad in connection with Barun P.S. Case No.36 of 2019,

Patna High Court CR. MISC. No.20863 of 2019(2) dt.04-04-2019 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T