Abdul Hasan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35189 of 2020 Arising Out of PS. Case No.-178 Year-2020 Thana- SHAMBHUGANJ District- Banka ====================================================== 1.

ABDUL HASAN, son of Md. Shahab Malik Resident of Village- Mirzapur, P.S.- Muffasil Munger, District- Munger.

2.

SEBAK KUMAR YADAV, son of JHALLU YADAV Resident of VillageSarkatiya, P.S.- Sangrampur, District- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prashant Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-03-2021 Heard Mr. Prashant Kumar, learned counsel for the petitioners and Mr. Arun Kumar Pandey, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Shambhuganj P. S. Case No. 178 of 2020, dated 04.07.2020, instituted for the offences under Sections 379 and 411 of the Indian Penal Code and Section 40 BMMC Rules, 1972, S. 8, BM (PTMTS) Rules, 2003 & Section 15 of FEP Act, 1986. As the allegation stands, on information to the police that sand is being illegally extracted and

Patna High Court CR. MISC. No.35189 of 2020(2) dt.23-03-2021 2/3 transported, a raid was conducted and a tractor loaded with sand was intercepted. The driver of the said tractor managed to run away. The tractor was seized and the case has been registered.

The petitioner no. 1 is the owner of the tractor, whereas the petitioner no. 2 is the driver.

The learned counsel for the petitioners has submitted that they had the valid registration certificate and driving license respectively of the vehicle. In fact the extraction of sand and transportation of the same was by virtue of a validly issued Challan. The authorities did not pay heed to the asking of the petitioner no. 2 that the transportation of sand was against a valid Challan. Apart from this, it has been submitted that the petitioners have clean antecedents.

Considering the afore-stated fact, the petitioners, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date

Patna High Court CR. MISC. No.35189 of 2020(2) dt.23-03-2021 3/3 of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka, in connection with Shambhuganj P. S. Case No. 178 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T