Ahmad Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20354 of 2019 Arising Out of PS. Case No.-36 Year-2019 Thana- BARUN District- Aurangabad ====================================================== 1.

AHMAD ALI, Son of Lallan Rai, Resident of Mohalla-New Railway Colony, P.S-Barun, District-Aurangabad.

2.

Jahan Ashraf, Son of Md. Aslam Quadri, Resident of Village-Shaikh Bigha, P.S-Barun, District-Aurangabad.

... ... Petitioners

Versus

1.

The State of Bihar 2.

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

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-05-2019 Petitioners seek bail in anticipation of their arrest in connection with Barun P.S. Case No. 36 of 2019 registered for the offences punishable under Sections 379, 411, 420/34 of the Indian Penal Code, 4/40 of Bihar Minor Mineral Concession Rules, 1972 and Section 15 of Environment Protection Act, 1986.

Prosecution case as per FIR is that seven tractors were seized by the police which were engaged in illegal trafficking of sand and petitioner No.1 is owner of the vehicle and petitioner No.2 is the driver.

Submission of learned counsel for the petitioners is

Patna High Court CR. MISC. No.20354 of 2019(2) dt.07-05-2019 2/2 that they have falsely been implicated in this case and so far petitioner No.2 is concerned, he is driver and he has nothing to do with the business of sand.

Heard learned APP also.

In view of above facts and circumstances, let petitioners surrender within a period of six weeks from the receipt of this order and pray for regular bail, which shall be considered on the basis of materials available on the record, without being prejudiced by this order and, if possible, to be disposed of on the same day.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U T