Bihari Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8305 of 2018 Arising Out of PS.Case No. -267 Year- 2017 Thana -NASRIGANJ (RAJPUR) District- SASARAM (ROHTAS) ======================================================

1. Bihari Pathak Son of Bachchu Pathak Resident of Village- Bakula Khoh, P.S. Nasriganj, (Rajpur), District Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Kant Singh For the Opposite Party/s : Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-02-2018 Heard both sides.

The petitioner apprehends his arrest in Nasriganj (Rajpur) P.S. case No. 267 of 2017 for the offences punishable under Section 379/411 of the Indian Penal Code and under Section 40 (1) of Bihar Mining Act.

The learned counsel for the petitioner submits that petitioner was carrying soil from his own land on his tractor but on false allegation that petitioner was carrying sand this case has been lodged.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner above named in the event of his arrest or surrender before the learned court

Patna High Court Cr.Misc. No.8305 of 2018 (2) dt.17-02-2018 2/2 below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub divisional Judicial Magistrate, Bikramganj, Rohtas in connection with Nasriganj (Rajpur) P.S. case No. 267 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T