Achhe Lal Sah @ Achhe Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25696 of 2018 Arising Out of PS. Case No.-39 Year-2018 Thana- LAURIYA District- West Champaran ====================================================== Achhe Lal Sah @ Achhe Lal, son of Kamlesh Prasad, Resident of VillageBarwa Kala, Police Station- Lauriya, District- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sanjay Kumar No.-7 For the Opposite Party/s :

Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-05-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Lauriya P.S. Case No. 39 of 2018 dated 13.02.2018 instituted for the offences under Rule 4 and 40 of the Bihar Minor Mineral Concession Rules 1972 and under Rule 8 of the Bihar Mineral (Illegal Mining Transporting, Storage, Prevention) Rules 2003.

One tractor loaded with white sand was intercepted by the police party. Hence it was found that there was violation of the aforementioned rules. The petitioner is the driver of the said vehicle over which white sand was loaded.

Learned counsel for the petitioner has

Patna High Court Cr.Misc. No.25696 of 2018(2) dt.04-05-2018 2/2 submitted that in fact the tractor was being driven by the petitioner on the instructions of the owner who had asked him to unload some sand kept in his house to another place. There is no violation of anyone of the rules referred to above.

Considering the aforesaid facts, the petitioner above named is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds 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, Bettiah, West Champaran in connection with Lauriya P.S. Case No. 39 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) Krishna/- Ved/- U T