Patna High CourtCR. MISC./20127/2016disposed

Raju Kumar Upadhyay v. The State Of Bihar

2016-05-06Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20127 of 2016 Arising Out of PS.Case No. -20 Year- 2016 Thana -AKHODHIGOLA District- SASARAM (ROHTAS) ======================================================

1. Raju Kumar Upadhyay Son of Jagat Narayan Upadhyaya Resident of village - Maudiha, P.O. Barwa Kala, P.S. Darihat, District - Rohtas .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shantanu Kumar For the Opposite Party/s : Mr. Anil Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-05-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under sections 379 and 411 of the Indian Penal Code and section 40(1) of Bihar Minor Mineral Concession Rules, 1972.

It is alleged that on 6.3.2016 the informant being police officer received confidential information with regard to carrying of sand when the tractor loaded with sand was intercepted. The petitioner escaped from the scene who is driver of the tractor.

It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.20127 of 2016 (2) dt.06-05-2016 2/2 petitioner that the sand was being carried on valid challan. It is further submitted that the relevant documents of the tractor and challan were also produced but even then the seizure was made. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

The aforesaid facts constitute ground for consideration of the prayer for regular bail of the petitioner by the learned court below in case the petitioner surrenders within six weeks from today in connection with Akodhi Gola P.S. Case No. 20 of 2016 pending in the court of learned CJM, Sasaram. This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T