Ashutosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26734 of 2019 Arising Out of PS. Case No.-17 Year-2019 Thana- ROHTAS District- Rohtas ====================================================== 1.

ASHUTOSH KUMAR Son of Ram Pravesh Singh Resident of Village - Seva, P.S.- Tilauthu, District - Rohtas.

2.

Ramayan Ram Son of Late Chandrika Ram Resident of Village - Tumba, P.S. and District - Rohtas.

3.

Sujit Kumar Son of Vijay Singh Resident of Village - Parasia, P.S.- Amjhore, District - Rohtas.

4.

Vijay Singh Son of Late Baban Singh Resident of Village - Parasia, P.S.- Amjhore, District - Rohtas.

5.

Brahmdeo Singh Son of Late Baban Singh Resident of Village - Babuganj, P.S.- Tilauthu, District - Rohtas.

6.

Pappu Kumar Son of Daroga Singh Resident of Village - Patharu, P.S.- Tilauthu, District - Rohtas.

7.

Nurshid Khan Son of Late Kabir Khan Resident of Village - Tumba, P.S. and District - Rohtas.

8.

Sunil Kumar Singh Son of Late Mathura Singh Resident of Village - Parasia, P.S.- Amjhore, District - Rohtas.

9.

Ghan Shyam Mahto @ Amit Son of Late Baban Mahto Resident of Village - Loharadih, P.S.- Tilauthu, District - Rohtas. ... ... Petitioners

Versus

1.

THE STATE OF BIHAR 2.

The Mining Officer, Rohtas, Bihar. Bihar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Singh For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-07-2019 Petitioners seek bail in anticipation of their arrest in connection with Rohtas P.S. Case No. 17 of 2019 registered for the offences punishable under Sections 379, 411, 34 of the Indian Penal Code and

Patna High Court CR. MISC. No.26734 of 2019(3) dt.08-07-2019 2/3 Sections 3, 6 & 8 of Bihar Mines and Minerals Transportation Act including Sections 4 & 40 of Mines and Minerals Act, 1972..

Prosecution story is that the Mines Officer intercepted 12 tractors loaded with sand and petitioners, who are driver-cum-owners of the vehicles, have been made accused.

Submission of learned counsel for the petitioners is that they were carrying valid challan but without examining the same they have been made accused in this case.

Heard learned APP also.

In view of above facts and circumstances, let petitioners surrender in the court below by 16.7.2019 and on surrender they shall be released on provisional bail till submission of charge sheet by the court below itself on the condition that they will produce all the challans before the authority concerned as well as the I.O. and if on verification charge sheet has been submitted against the petitioners, they have to appear

Patna High Court CR. MISC. No.26734 of 2019(3) dt.08-07-2019 3/3 and pray for regular bail, which shall be considered on its own merit on the basis of materials available on the record at that time.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U T