Bablu Singh @ Babalu Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8421 of 2015 Arising Out of PS.Case No. -189 Year- 2014 Thana -NOKHA District- SASARAM (ROHTAS) ====================================================== Sanjay Kumar Singh Son of Raghaw Singh resident of Mohalla - Maula Bagh, Police Station - Nawada Ara, District - Bhojpur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.8800 of 2015 Arising Out of PS.Case No. -189 Year- 2014 Thana -NOKHA District- SASARAM (ROHTAS) ======================================================
1. BABLU SINGH @ BABALU SINGH & ANR Son of Sri Krishna singh resident of village- Dharupur , Police Station- Bikramganj, District- Rohtas.
2. Uma Shankar Sah Son of Prabhu Sah resident of Village- Bangwa Barkatha, Police Station Barkatha, District- Hazaribagh, Jharkhand. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.8421 of 2015) For the Petitioner/s : Mr. Sanjay Kumar Tiwary, Advocate.
For the Opposite Party/s : Ms. Anita Kumari (APP) (In Cr.Misc. No.8800 of 2015) For the Petitioner/s : Mr. Sanjay Kumar Tiwary, Advocate.
For the Opposite Party/s : Ms. Ram Sumiran Roy (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-03-2015 Heard both sides.
The petitioner in Cr. Misc. No. 8421/2015, namely, Sanjay Kumar Singh and the petitioners in Cr. Misc. No. 8800/2015, namely, Bablu Singh @ Babalu Singh and Uma Shankar Sah, apprehend their arrest in a case under Section 414 of the Indian Penal Code, Section 40(A) of the Mines Act and
Patna High Court Cr.Misc. No.8421 of 2015 (2) dt.02-03-2015 2/3 Section 26 of the Forest Act.
The allegation is that while the trucks bearing registration nos. UP65R-8362, BR 01GC-9048 and JH 02T-7528 were carrying stone materials, the said trucks were seized and the drivers were arrested.
It is submitted that the petitioner in Cr. Misc. No. 8421/2015, namely, Sanjay Kumar Singh is the owner of the truck, bearing registration no. UP 65R-8362, and the petitioners in Cr. Misc. No. 8800/2015, namely, Bablu Singh and Uma Shankar Sah are the owners of the trucks, bearing registration nos. BR 01GC9048 and JH 02T-7528 respectively. The trucks were carrying stone chips on valid Challan Nos. 6031951, 6031950 & 6031949 and, on such, the trucks were released during the course of confiscation proceedings. The drivers of the trucks were also granted bail vide order passed in B.P. No. 993/2014 and B.P. No. 996/2014. The petitioners are the owners of the vehicles. Considering the facts that the vehicles of the petitioners were carrying stone chips on valid permits, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Patna High Court Cr.Misc. No.8421 of 2015 (2) dt.02-03-2015 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram in Nokha P.S. Case No. 189/2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Dilip/- U T