Dheeraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46249 of 2018 Arising Out of PS.Case No. -120 Year- 2018 Thana -BARUN District- AURANGABAD ======================================================
1. Dheeraj Kumar son of Tulsi Chaudhary, resident of Village- Dhamni, P.S.- Barun, District- Aurangabad.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s : Mr. Anil Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-08-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Barun P.S. Case No. 120 of 2018 registered for offences punishable under Sections 379, 411, 420/34 of the Indian Penal Code, Rule 4 and 40 of the Bihar Minor Mineral Concessions Rules and Section 15 of the Environment Protection Act, 1986. As per F.I.R., allegation against the petitioner is that the petitioner is involved in illegal trafficking of sand by tractors and a seizure list was prepared.
Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case merely on the basis of suspicion and the petitioner having a valid challan for transportation of sand. It is further submitted that the petitioner
Patna High Court Cr.Misc. No.46249 of 2018 (2) dt.09-08-2018 2/2 has no criminal antecedent.
Learned A.P.P. opposes the prayer for bail.
Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named on surrender or arrest within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) 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. 120 of 2018, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(Vinod Kumar Sinha, J) Sudha/-sunil U T