Ganga Singh And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.1692 of 2017 (2) dt.19-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1692 of 2017 Arising Out of PS.Case No. -77 Year- 2016 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ======================================================

1. Ganga Singh Son of late Motilal Singh

2. Binod Singh son of Butai Singh

3. Sagar Singh Son of late Mahangu Singh All Resident of Village- Rudrapur, Police station- Dehri, District- Rohtas. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-01-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

Petitioners apprehend their arrest in connection with Dehri (T) P.S. Case No. 77 of 2016 registered for the offences punishable under Section 379 of the Indian Penal Code, Sections 4(1-a)/21(1) of Mines and Minerals D.E. Act, Sections 33, 41, 42 of Forest Act and Section 40 (1) of the B. M Act. Allegedly, during raid by Police at several places crusher machines were found for the purpose of illegal mining and on inquiry the Police came to know about 27 names including the petitioners indulged in running of crusher machines for preparing the stone chips after illegal mining.

Submission is of false implication and that the crusher

Patna High Court Cr.Misc. No.1692 of 2017 (2) dt.19-01-2017 machines do not belong to the petitioners, co-accused Mahin Yadav, Mithilesh Kumar and Bishwanath Singh have been allowed pre-arrest bail vide Cr. Misc. No. 43849 of 2016 and 17513 of 2016 respectively by another co-ordinate Benches of this Court and the petitioners having similar allegations also deserve sympathetic consideration to which learned APP fairly submits that other co-accused have been allowed pre-arrest bail. In the facts and circumstances stated above, the petitioners above named, in case of their surrender or arrest within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Dehri in connection with Dehri (T) P.S. Case No. 77 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T