Patna High CourtCR. MISC./24493/2016bail granted

Radhye Raman Thakur And ANR v. The State Of Bihar

2016-05-31Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24493 of 2016 Arising Out of PS.Case No. -31 Year- 2016 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Radhye Raman Thakur son of Sri Murali Thakur

2. Bikarma Rai @ Vikrama Rai, son of Late Ramanand Rai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Madhuranand Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-05-2016 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 379, 420 of the Indian Penal Code, Rule 40(1)(7) of the Bihar Minor Mineral Concession Rules, 1972 and Rule 8 of the Bihar Minerals(Prevention of Illegal Mining, Transportation and Storage) Rules, 2003.

The prosecution case is that tractors of the petitioners were seized carrying sand during the period the mining of sand was stayed by an order passed by the Green Tribunal.

It is submitted by learned counsel for the petitioners that petitioners are owners of the tractors and they were not aware about the tractors carrying sand. The petitioners were not present at the place of seizure. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

Patna High Court Cr.Misc. No.24493 of 2016 (2) dt.31-05-2016 2/2 Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari in connection with Sangrampur P.S. Case No. 31 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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