Rani Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32379 of 2020 Arising Out of PS. Case No.-203 Year-2019 Thana- BELHAR District- Banka ====================================================== RANI SINGH, W/o Anuranjan Kumar Singh R/o village- Mohanpur, P.S.- Shambhuganj, District- Banka ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

The State of Bihar through the Principal Secretary, Deptt. of Mines and Mineral, Patna, Bihar Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pranav Kumar Jha For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-02-2021 Heard Mr. Subodh Kumar Jha, learned counsel for the petitioner and Mr. Ashok Kumar Singh, learned APP for the State.

The petitioner seeks bail in anticipation of her arrest in connection with Belhar P. S. Case No. 203 of 2019, dated 04.07.2019, instituted for the offences under Section 8 (a) and 8 (b) Bihar Mineral (Prevention of Illegal Mining Transportation and Storage) Rules, 2003; Section 40 BMMC Rule, 1972; and Section 15 of the Environment Protection Act, 1986.

The petitioner is stated to be the owner of a

Patna High Court CR. MISC. No.32379 of 2020(2) dt.08-02-2021 2/3 JCB machine which was found near the site of illegal extraction of sand.

The learned counsel for the petitioner has submitted that the JCB belonging to her was never used in extraction of sand. In fact the driver of the JCB got scared when he learnt that some of the tractor drivers have been arrested with illegally loaded sand in their tractors.

The vehicle of the petitioner has not been seized in the occurrence.

Considering the afore-stated facts, the petitioner, above-named, is directed to be released on bail, in the event of her arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on her furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka, in connection with Belhar P. S. Case No. 203 of

Patna High Court CR. MISC. No.32379 of 2020(2) dt.08-02-2021 3/3 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T