Patna High CourtCR. MISC./21802/2017bail granted

Sandeep Gupta And ANR v. The State Of Bihar

2017-07-06Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21802 of 2017 Arising Out of PS.Case No. -223 Year- 2016 Thana -BAUSI District- PURNIA ======================================================

1. Sandeep Gupta Son of Ram Chandra Gupta, Resident of 7A, Bentinex Street Old Wing 2nd Floor, Kolkata (W.B.) Pin 700001, P.S. & DistrictKolkata (W.B). Director of M/S Accent Trading Co. Ltd. Kobaltary Jagighopa Bongaigaon, P.S.+ District- Bongaigaon (Assam).

2. Hiraman Chaudhary Son of Late Arjun Chaudhary @ Mahesh Chaudhary, Resident of- Kishanganj Chhatti Rajbote (Burdwan), P.S.+ District- Burdwan, West Bengal. (Driver of Truck No. WB41E-5972). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashi Bhushan Pandey For the Opposite Party/s : Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Baisi P.S.Case No. 223 of 2016 registered under Section 379 of the Indian Penal Code, Bihar Mineral Prevention of Illegal Mining Transportation and Storage Rules 2003 and 21(1)(2) of Mines and Mineral (Development & Regulation) Act, 1957. It is contended by the learned counsel for the petitioners that on the basis of the allegations made in the FIR, the ingredients of the offence under Section 379 of the Indian Penal Code would not be attracted. It is submitted that though all valid

Patna High Court Cr.Misc. No.21802 of 2017 (2) dt.06-07-2017 2/2 papers were available with the driver of the truck at the time of search and seizure of the truck, the driver was not apprehended. So far as petitioner no.1 is concerned, he being the Director of M/s Accent Trading Company Limited is being unnecessarily prosecuted in the present case.

Learned counsel for the State has opposed the prayer of the petitioners for grant of pre-arrest bail. Regard being had to the nature of allegation, the petitioners named above are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with Baisi P.S.Case No. 223 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, in the event of their arrest or surrender before the court below within six weeks from today.

(Ashwani Kumar Singh, J) Pradeep/- U T