Sarju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.505 of 2018 Arising Out of PS.Case No. -173 Year- 2017 Thana -BARUN District- AURANGABAD ====================================================== Sarju Kumar S/o Yogendra Singh, R/o Village- Malpur, P.S.- Barun, District- Aurangabad.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Barun P. S. Case No. 173 of 2017 registered under Sections 379. 411 and 420/34 of the Indian Penal Code and 3, 4 and 5 of Bihar Illegal Mines Act.

It is contended by the learned counsel for the petitioner that the offences alleged are not attracted against the petitioner. He submitted that the petitioner was a tractor driver and was not doing anything illegal. It is further contended that under valid licence and challan sand was loaded on the tractor and the petitioner being a driver was supposed to transport the same as per

Patna High Court Cr.Misc. No.505 of 2018 (2) dt.11-01-2018 2/2 the direction given by his master. However, FIR has been instituted by the police in colourable exercise of power. On the other hand, learned Additional Public Prosecutor for the State submitted that despite ban imposed by the State regarding mining of sand, the petitioner illegally transported mined sand on his trailor.

Regard being had to the nature of allegation and taking into consideration the fact that the petitioner has got no criminal antecedent, he 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 learned Chief Judicial Magistrate, Aurangabad in Barun P. S. Case No. 173 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today. (Ashwani Kumar Singh, J.) Kanchan/- U T