Mithilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8037 of 2018 Arising Out of PS.Case No. -707 Year- 2017 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Mithilesh Kumar, S/o Ram Chandra Rai, Resident of Village- Salempur, P.S.- Lalganj, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Anish Chandra For the Opposite Party/s : Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02.04.2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Hajipur Nagar P.S. Case No. 707 of 2017 for the offence registered under Sections 188, 379 and 34 of the Indian Penal Code and Sections 4, 40(1) (8) and 49 of the B.M.M.C. Rule, 1972 and Bihar Mineral (Prevention of Illegal Mining Transportation Storage) Rule, 2003.

The allegation is regarding 18 trucks, over loaded with sands, standing on the road going from Sonepur to AnjanpirLalganj Road. Upon receipt of information by the Police, raid was conducted and the said trucks were seized, however, the drivers of the truck fled away.

Patna High Court Cr.Misc. No.8037 of 2018 (4) dt.02042018 2/2 The learned counsel for the petitioner submits that the petitioner is owner of one of the truck. It is further submitted that the sand was being transported for the personal use of the informant and the petitioner being the owner of the truck had only given the truck on hire. It is further submitted that similarly situated persons have already been granted bail by this Court vide order dated 02.02.2018 passed in Criminal Misc. No. 4673 of 2018. It is further stated that the petitioner is having a clean antecedent.

Having regard to the facts and circumstances of the case, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Session Judge-VIII, Vaishali at Hajipur in connection with Hajipur Nagar P.S. Case No. 707 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) S.Sb/- U T