Patna High CourtCR. MISC./50366/2017allowed

Ajit Kumar v. The State Of Bihar

2017-12-08Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.50366 of 2017 (3) dt.08-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50366 of 2017 Arising Out of PS.Case No. -120 Year- 2017 Thana -NALANDA District- NALANDA (BIHARSHARIFF) ====================================================== Ajit Kumar, aged about 43 Years, Son of Bindeshwar Prasad, R/o House No.22, Meghi, Nongawan, P.S.- Deep Nagar, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chitranjan Sinha, Adv. For the Opposite Party/s : Mr. Sri Nityanand Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 08-12-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Nalanda Police Station Case No. 120 of 2017, disclosing offences under Sections 379 of the Indian Penal Code and Section 4/40 of Bihar Mines and Mineral Concession Rules 1972 and Section 8(d) of Bihar Minerals (Transportation of illegal mining, storage and prevention) Act, 2003. Learned counsel for the petitioner has submitted that the petitioner, who is said to be of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner happens to be owner of the alleged tractor and trailer and he was not involved in loading the illegal sand. As a matter of fact said

Patna High Court Cr.Misc. No.50366 of 2017 (3) dt.08-12-2017 sand was loading after obtaining the legal challan form the appropriate authority, which is evident from annexure-3. Nothing has been recovered from the possession of the petitioner. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released 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 Chief Judicial Magistrate, Nalanda, Bihar Sharif, in connection with Nalanda Police Station Case No. 120 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T