Upendra Singh @ Upendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50335 of 2015 Arising Out of PS.Case No. -381 Year- 2014 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ====================================================== Upendra Singh @ Upendra Kumar Singh Son of Kesho Singh @ Satya Narayan Singh Resident of village - Khapra, P.S. Akorhigola, District - Rohtas .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Kant Singh, Adv. For the Opposite Party/s : Mr. R.P.S.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 18-12-2015 The petitioner apprehends his arrest in a case instituted under Sections 379,120B of the Indian Penal Code, 4(1d), 21(1) of the DE Act, 40(1) of the Bihar Mining Act and 33,41,42 of the Indian Forest Act.

Learned counsel for the petitioner submits that the petitioner is neither owner of crushing machine nor was he operating the machine at the relevant time. He was not apprehended at the spot. Furthermore, co-accused has been granted bail on 26.08.2015 in Cr. Misc. No. 9953 of 2015 by a co-ordinate bench of this Court. Considering the facts of the case, in the event of arrest or surrender before the Court below within four weeks from today, let the petitioner be released on bail upon furnishing bail bonds of

Patna High Court Cr.Misc. No.50335 of 2015 (2) dt.18-12-2015 2/2 Rs. 5000/-(five thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Dehri, Rohtas in Dehri (T) P.S. Case No. 381 of 2014 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Samarendra Pratap Singh, J) Prakash/- U T