Ravindra Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1280 of 2018 Arising Out of PS.Case No. -160 Year- 2017 Thana -DEEPNAGAR District- NALANDA (BIHARSHARIFF) ======================================================
1. Ravindra Prasad, S/o Rupan Yadav, resident of Village- Rangila Bigha, P.S. Nalanda, District Nalanda.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rewti Kant Raman For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-01-2018 Heard learned counsel for the petitioner. Despite repeated calls, no body appears on behalf of the State. The petitioner seeks pre-arrest bail in connection with Deepnagar P.S.Case No. 160 of 2017 registered under Section 379 of the Indian Penal Code, Sections 4 and 40 of the Bihar Minor Minerals Concession Rules, 1972 and Section 8(d) of the Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2003.
It is submitted by the learned counsel for the petitioner that the petitioner is the registered owner of the seized tractor, which was carrying sand having valid challan and was being driven by the driver, but the police arbitrarily intercepted the tractor and registered a false case of illegal mining
Patna High Court Cr.Misc. No.1280 of 2018 (2) dt.19-01-2018 2/2 of sand. He submitted that the petitioner has got no criminal antecedent.
Regard being had to the nature of allegation and the submissions made above, in the event of arrest or surrender before the court below within four weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Deepnagar P.S.Case No. 160 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Pradeep/- U T