Patna High CourtCR. MISC./29242/2018bail granted

Manoj Kumar Sahni v. The State Of Bihar

2018-05-14Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29242 of 2018 Arising Out of PS. Case No.-30 Year-2018 Thana- KASHICHAK District- Nawada ====================================================== Manoj Kumar Sahni, S/o Ram Nandan Sahni, R/o Vill.- Rahatauli, P.S.- Shivaji Nagar, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-05-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kashichak (Sahpur) P.S. Case No.30 of 2018 registered under Sections 379/34 of the Indian Penal Code besides Sections 4/40 of the Bihar Minor and Mineral Concession Rule, 1972, Section 21 of the Mines and Mineral (Development and Regulation) Act, 1957, Rules 3/8 of the Bihar Mineral (Prevention of Illegal Mining, Transportation and Storage) 2003 and Section 15 of the Environment Protection Act, 1986. The accusation is that in course of checking of the vehicle, a truck bearing Registration No.BR06G8210 was found loaded with sand, which was being driven by the driver Mukesh

Patna High Court Cr.Misc. No.29242 of 2018(2) dt.14-05-2018 2/2 Sahni. On query, challan was produced by the driver for 400 cubic ft. but the sand was loaded 470 cubic ft. Learned counsel for the petitioner submits that the petitioner is the owner of the trcuk, which is said to be seized by the informant, and the petitioner had no knowledge about loading of the sand on the truck. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Nawada, in connection with Kashichak (Shahpur O.P.) P.S. Case No.30 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T