Patna High CourtCR. MISC./36228/2017bail granted

Sujeet Kumar And ORS v. State Of Bihar And ANR

2017-08-10Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36228 of 2017 Arising Out of PS.Case No. -41 Year- 2017 Thana -KARAI PARSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Sujeet Kumar, S/o Shyam Bahadur Singh R/o Village- Pakdi, P.S. Bidupur, District- Vaishali

2. Chunnu Singh, Son of Bachchu Singh, resident of VillageSaidpurganesh, P.S. Bidupur, District- Vaishali

3. Rajiv Kumar, Son of Sri Sarwan Singh, resident of Village- Kanchanpur, P.S.- Bidupur, Vaishali .... Petitioners

Versus

1. The State of Bihar.

2. The Assistant Director Mines and Geology Department, Nalanda .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Abhinay Raj, Adv. For the Opposite Parties : Mr. Parmanand Prasad, APP 116 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-08-2017 Heard the learned counsel for the petitioners and the State.

This is a petition for grant of anticipatory bail for offence under Sections 379 of the Indian Penal Code, Rules 4 and 40 of the Bihar Minor Mineral Concession Rules, 1972 and Rule 8(d) of the Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2003.

Petitioner no. 1 is the owner and other petitioners are drivers of trucks, bearing registrations no. BR-31GA-6326 and BR-31GA-5326, which were seized while unauthorized sand was being loaded on that.

Submission of the learned counsel for the petitioners is that the petitioner had given, on hire, to some other persons the said trucks.

Considering the nature of allegation, let the petitioners, above named, in the event of their arrest or surrender,

Patna High Court Cr.Misc. No.36228 of 2017 (2) dt.10-08-2017 2/2 within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Karaiparsurai P.S. Case No. 41 of 2017 to the satisfaction of the Additional Chief Judicial Magistrate, Hilsa, Nalanda, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Birendra Kumar, J) SA/- U √ T √