Narendra Lal @ Narendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54781 of 2018 Arising Out of PS. Case No.-135 Year-2018 Thana- MUFFASIL District- Aurangabad ====================================================== Narendra Lal @ Narendra Prasad son of Lal Brijnandan Lal, resident of Village- Bheriya, P.S.- Dihari, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramendra Singh, Advocate.

For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Aurangabad Muffasil P.S. Case No. 135 of 2018 registered under Sections 379, 411 and 420/34 of the Indian Penal Code and Section 4/40 of BMMC Rules, Section 15 of the Environmental Protection Act and Section 194(i) of the M. V. Act.

The accusation is that a truck bearing registration no. UP67T- 2378 was found over loaded with sand at NH -2 moving towards Gaya. On giving signal by the informant to stop the aforesaid truck, the truck driver parked truck in side the road and succeeded to flee away. On verification, while challan was

Patna High Court Cr.Misc. No.54781 of 2018(2) dt.10-10-2018 2/2 found regarding loaded sand but the sand was overloaded. Learned counsel for the petitioner submits that petitioner is the owner-cum-driver of the aforesaid truck and he was moving with valid challan and parked the truck inside the road and went to hotel to take meal and at that time, the truck was seized by the informant. It is further submitted that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, in connection with Aurangabad Muffasil P.S. Case No. 135 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T