Amresh Kumar Pandey And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15516 of 2017 Arising Out of PS.Case No. -17 Year- 2017 Thana -BARUN District- AURANGABAD ======================================================
1. Amresh Kumar Pandey, son of Late Shivpujan Pandey, Resident of V/P - 216 Fullanpur Railway Station Road Colony Bharipur, District - Ghazipur (U.P.).
2. Hare Ram Singh, son of Ramdhari Singh, resident of Village - Narayanpur, P.S. - Jagdishpur, District - Bhojpur.
3. Dilshad Khan, Son of Abdul Bari Khan, resident of A.M. Road Nagaland Mokokchung, District - Mokokchung.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. The Principal Secretary, Mines and Geology Department, Government of Bihar, Patna.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 20-07-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Barun P.S. Case No.17 of 2017 registered under Sections 420, 379, 411 and 120(B) of the Indian Penal Code besides Sections 3, 4 and 5 of the Bihar Illegal Mining Act and Sections 33, 41 and 42 of the Indian Forest Act.
The accusation is that the police intercepted the three trucks bearing Registration Nos.NL-02L-2084, UP-61H-5059 and
Patna High Court Cr.Misc. No.15516 of 2017 (4) dt.20-07-2017 2/3 BR-01GB-1769 loaded with stone chips. While the drivers of the truck bearing Registration No.NL-02L-2084 succeeded to flee away, the drivers of two other trucks, namely, Vijay Singh and Sugreev Singh, were apprehended and the aforesaid three trucks were being escorted by Scorpio Jeep in which Anil Kumar, Santosh Kumar, Brajesh Kumar Singh and Nirala Kumar Pandey were found sitting, who accepted about escorting the aforesaid three trucks.
Learned counsel appearing on behalf of the petitioners submits that the petitioners are not named in the F.I.R. In fact, the petitioners are the owners of the aforesaid three trucks, which have been attached with the transport and the petitioners had no knowledge about indulging of the aforesaid three truck in transporting the illegal stone chips. Further submission is that the petitioners have no criminal antecedents.
Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, in connection with Barun P.S. Case No.17 of 2017/G.R. No.175 of
Patna High Court Cr.Misc. No.15516 of 2017 (4) dt.20-07-2017 3/3 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) P.S./- U T