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Patna High CourtCR. MISC./24040/2019rejected

Rakesh Choudhary v. The State Of Bihar

2019-04-15Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24040 of 2019 Arising Out of PS. Case No.-206 Year-2018 Thana- BARUN District- Aurangabad ====================================================== RAKESH CHOUDHARY Son of Lala Choudhary Resident of Village - Modhurampur, P.S.- Akodhigola, Distt.- Rohtas at Sasaram. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Bachan Jee Ojha For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-04-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Barun P.S. Case No. 206 of 2018 for the offence under Sections 379, 411 and 420/34 of the Indian Penal Code, Rules 4/40 of Bihar Mineral Rules and Section 15 of the Environment Protection Act.

There is allegation that illegally mined sand was loaded on the trailer of the tractor without any valid document. This is an admitted fact that the petitioner is the driver of the said tractor, who managed to flee away from the place where the seizure was made.

In such circumstance, no case for grant of anticipatory bail is made out. This application is rejected. The petitioner is directed to surrender before the Court below within a period of four weeks from today and seek

Patna High Court CR. MISC. No.24040 of 2019(2) dt.15-04-2019 2/2 regular bail, if so advised. If he does so, his application for regular bail shall be considered by the learned Court below on its own merit without being prejudiced by rejection of present application for grant of anticipatory bail.

(Chakradhari Sharan Singh, J) Pawan/- U T