Arjun Singh And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.42406 of 2018 (2) dt.20-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42406 of 2018 Arising Out of PS.Case No. -85 Year- 2018 Thana -BARUN District- AURANGABAD ======================================================

1. Arjun Singh, S/o Ambika Singh, R/o Vill.- Maghiava, P.S.- NTPC, Khaira, District- Aurangabad.

2. Baban Pratap Singh S/o Deo Nandan Singh, R/o Vill.- Maghiava, P.S.- NTPC, Khaira, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-07-2018 Heard both sides.

The petitioners apprehend their arrest in Barun P.S. Case No.85 of 2018 registered under Sections 379, 411, 420/34 of the Indian Penal Code and 4/40 of Bihar Mineral Rules and Section 15 of Environment Protect Act.

The informant alleged that by the order of the District Magistrate, he made surprise inspection by the side of the river and found 31 tractors loaded with sand.

The learned counsel for the petitioners submits that petitioner No.1 is the owner of the tractor bearing registration No.BR-26H-4369 and petitioner No.2 is the driver of the aforesaid tractor. The driver of the tractor was carrying the sand after

Patna High Court Cr.Misc. No.42406 of 2018 (2) dt.20-07-2018 purchasing the sand from the holder of the sand ghat. The petitioners have committed no offence. Similarly situated other accused persons have been granted anticipatory bail. Taking into consideration the facts and the nature of allegation made against the petitioners and the fact that most of the accused persons have already been granted anticipatory bail by this Court, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No.85 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T