Santosh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35354 of 2018 Arising Out of PS. Case No.-250 Year-2017 Thana- ISLAMPUR District- Nalanda ====================================================== Santosh Pandey Son of Uday Narayan Pandey Resident of VillageBudhanagar, Islampur, Police Station- Islampur, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vibhuti Ranjan Sonvadra For the Opposite Party/s :

Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-07-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Islampur P.S. Case No. 250 of 2017 dated 17.08.2017 instituted for the offences under Sections 379 and 34 of the Indian Penal Code, Section 4/40 of Bihar Minor Mineral Concession Rules, 1972 and Section 8 of Bihar Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2003.

Two tractors were found loaded with sand in an unauthorized manner. The driver of one of the tractors, namely, Satish Ravidas was arrested who disclosed the ownership of the other vehicle as well.

The petitioner is stated to be the driver of another vehicle.

Patna High Court Cr.Misc. No.35354 of 2018(3) dt.19-07-2018 2/2 Learned counsel for the petitioner has drawn the attention of the Court to the fact that the owner of the vehicle of which the petitioner is the driver, the owner of the other vehicle which was intercepted and the driver who was arrested on the spot have been granted bail by different Benches of this Court. It has further been submitted that despite valid challan for loading sand, the present case has been lodged arraying the petitioner also as one of the accused persons. The petitioner has clean antecedent.

Considering the aforesaid facts, the petitioner abovenamed 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 A.C.J.M.-III, Hilsa (Nalanda) in connection with Islampur P.S. Case No. 250 of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C. (Ashutosh Kumar, J) skm/- U T