Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44160 of 2018 Arising Out of PS.Case No. -118 Year- 2018 Thana -BARUN District- AURANGABAD ======================================================

1. Rajeev Kumar S/o Deo Kumar Chaudhary, R/o Vill.- Dhamni, P.S.- Barun, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-07-2018 The petitioner is apprehending his arrest in connection with Barun P.S. Case No. 118 of 2018, registered for offences punishable under Sections 379, 411, 420 and 34 of the Indian Penal Code. Rule 40 of Bihar Minor Mineral Concessions Rules and Section 15 of the Environment Protection Act, 1986. Allegation as per F. I.R. is that seven tractors laoded with sand were intercepted and police also seized the motorcycle of the petitioner and it is alleged that petitioner is involved in illegal mining of sand.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and has nothing to do with the allegation of illegal mining of sand as the tractors in question does not belong to him and he has been made accused only on the

Patna High Court Cr.Misc. No.44160 of 2018 (2) dt.27-07-2018 2/3 basis of suspicion and his motorcycle has also been seized. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Aurangabad, in connection with Barun P.S. Case No. 118 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the

Patna High Court Cr.Misc. No.44160 of 2018 (2) dt.27-07-2018 3/3 prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T