Nagendra Kumar Singh @ Nagendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59453 of 2017 Arising Out of PS. Case No.-173 Year-2017 Thana- BARUN District- Aurangabad ====================================================== Nagendra Kumar Singh @ Nagendra Kumar, Son of Singasan Singh, Resident of Village- Gadura, Police Station- Karakat (Gorari), District- Rohtas at Sasaram.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Raghunandan Kumar Singh For the Opposite Party/s :

DR. INDIWAR KUMARI ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-12-2017 Heard learned counsels for the petitioner and State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 379, 411 and 420/34 of the IPC and Sections 3, 4 and 5 of the Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules.

The accusation is of carrying sands through truck by way of illegal mining.

It is submitted by learned counsel for the petitioner that admittedly the petitioner is the owner of the truck. The sand was being transported under a valid challan, as contained in Annexure-4. A statement has been made in paragraph no.3 of the petition that the petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.59453 of 2017(2) dt.12-12-2017 2/2 Considering the nature of accusation, particularly in view of the fact that the sand was being carried by the driver on the basis of valid challan, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No. 173 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T