Patna High CourtCR. MISC./41422/2017bail granted

Basant Prasad And ANR v. State Of Bihar And ANR

2017-09-19Mr. Justice Ashwani Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41422 of 2017 Arising Out of PS.Case No. -41 Year- 2017 Thana -KARAI PARSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Basant Prasad son of Shivbalak Singh, R/o Kolhar Hajipur, P.S.- Fatuha, District- Patna.

2. Lalan Kumar son of Manejar yadav, R/o Gongaripur, P.S.- Manpur, District- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The Assistant Director, Mines and Geology Department, Nalanda. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Prasad, Advocate For the Opposite Party No.2 : Mr. Rajendra Prasad, Spl. P.P., Mines For the State : Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-09-2017 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel appearing for the Department of Mines and Geology.

The petitioners seek pre-arrest bail in connection with Karai Parsurai P.S. Case No.41 of 2017 registered under Sections 379 of the Indian Penal Code, Rules 4 and 40 of the Bihar Minor Minerals Concession Rules, 1972 and Section 8 of the Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rule, 2003.

It is submitted by the learned counsel for the petitioners that the petitioners are drivers of the trucks bearing Registration

Patna High Court Cr.Misc. No.41422 of 2017 (2) dt.19-09-2017 2/3 No.BR21GA-3854 and BR21GA-3354. He has submitted that similarly circumstanced co-accused Sujeet Kumar, Chunnu Singh and Rajiv Kumar have already been granted pre-arrest bail by a co-ordinate Bench of this Court vide order dated 10.08.2017 passed in Cr.Misc. No.36228 of 2017. He has also contended that similarly circumstanced other co-accused, namely, Sanjit Kumar @ Sujit Kumar having more or less similar allegation to that of the petitioner has already been granted pre-arrest bail vide order dated 08.09.2017 passed in Cr.Misc. No.41297 of 2017 and co-accused Rinku Kumari has also been granted pre-arrest bail vide order dated 24.08.2017 passed in Cr.Misc. No.38775 of 2017 by a coordinate Bench of this Court.

Learned counsel for the State and learned counsel appearing for the Mines and Geology Department do not dispute the aforesaid contention of the learned counsel for the petitioners. Considering the submissions made above, the petitioners, namely, Basant Prasad and Lalan Kumar are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Hilsa, Nalanda in connection with Karai Parsurai P.S. Case No.

Patna High Court Cr.Misc. No.41422 of 2017 (2) dt.19-09-2017 3/3 Criminal Procedure, in the event of arrest or surrender before the court below within four weeks from today.

(Ashwani Kumar Singh, J) Md.S./- U T