Shiv Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34600 of 2019 Arising Out of PS. Case No.-81 Year-2019 Thana- BARUN District- Aurangabad ====================================================== 1.

SHIV KUMAR SINGH, aged about 25 years, Gender-Male, S/o Inderdeo Singh @ Indradeo Singh R/o village- Chintawan Bigha, P.S.- Ankorhi Gola, District- Rohtas 2.

Shiv Kumar Singh, aged about 40 years, Gender-Male, S/o Ram Badan Singh R/o village- Kusumi, P.S.- Karghar, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-05-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 379, 411, 420 and 34 of the Indian Penal Code and Sections 4 and 40 of Bihar Minor Mineral Concession Rule and Section 15 of Environment Protection Act.

The prosecution case in short is that on 10.04.2019 the informant Md. Abdul Sattar Saif, Mining Officer raided canal pit situated towards eastern side of Dhamni Lock and found 14 stocked there. No papers were produced. One person namely, Kamlesh Yadav driver of the truck no.UP 67 AT 2811

Patna High Court CR. MISC. No.34600 of 2019(2) dt.28-05-2019 2/2 was held. Rest drivers managed to escape but the vehicles with consignment were seized.

The contention of the petitioner is that the petitioners have got no criminal antecedent and one of the co-accused Rajesh Kumar Gupta who was the owner of the truck has already been granted pre-arrest bail by this Court in Cr.Misc.No.30895 of 2019 vide order dated 09.05.2019. Considering the facts aforesaid, let the petitioners above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad/successor Court in connection with Barun P.S. Case No. 81 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioners.

B.Kr./- (Prabhat Kumar Singh, J) U T