Lalu Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4241 of 2018 Arising Out of PS.Case No. -358 Year- 2017 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) ======================================================

1. Lalu Kumar, Son of Vinod Kumar, Resident of Village- Tarokhar, Police Station- Giriak, District- Nalanda.

2. Sanjay Kumar, Son of Shri Karu Yadav, Resident of VillageShankarpur, Police Station- Giriak, District- Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Santosh Kumar Mr. Niranjan Kumar For the Opposite Party/s : Mr. Sri Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-02-2018 Heard the learned counsels for the parties.

The petitioners seek pre-arrest bail in connection with Giriyak P.S. Case No. 358/2017 dated 23.10.2017 instituted for the offences under Section 379 of the Indian Penal Code, Section 4/40 of the Bihar Minor Minerals Concession Rule, 1972 and Section 8(d) of the Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rule, 2003.

The petitioners are not named in the F.I.R. A tractor bearing registration no. B 275 DI was found to be loaded with sand and parked on the Dashrathpur- Pyarepur road in front of Global Public School, Giriyak. The F.I.R. has been lodged by one of the employees of Mahadev Enclave Pvt. Ltd, Jaipur, a pvt.

Patna High Court Cr.Misc. No.4241 of 2018 (2) dt.01-02-2018 2/2 Enterprise, which had in the past, bagged the entire contract of sand for the district of Nalanda. Petitioner no. 1 is the owner of the seized tractor, whereas petitioner no. 2 is said to be the driver of the said tractor.

Learned counsel for the petitioners has submitted that without there being any basis for coming to the conclusion that the sand, which was loaded on the aforesaid tractor, was stolen one, the present case has been lodged.

The petitioners do not have any criminal antecedent. For the facts stated above, the petitioners are directed to be released on bail, in the event of their surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bond in the sum of Rs. 10,000/- (Ten Thousand), with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda, Biharsharif in connection with Giriyak P.S. Case No. 358/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J.) Rakhi U T