Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6651 of 2021 Arising Out of PS. Case No.-261 Year-2020 Thana- HISUWA District- Nawada ====================================================== Santosh Kumar S/o Kapil Yadav R/o Village- Panchi Panseha, P.S.- Sheikhpura Sarai, District- Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Deo Raj For the Opposite Party/s :
Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-12-2021 Heard learned counsel for the petitioner and learned APP for the State.
Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 379 of the Indian Penal Code, Section 21 of the Mines and Mineral (Development and Regulation) Act, 1957, Section 15 of the Environment (Protection)
Patna High Court CR. MISC. No.6651 of 2021(2) dt.03-12-2021 2/3 Act, 1986, Rule 56 of Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules.
The prosecution case as per F.I.R is that the informant being Assistant Director, Mines Department along with the police personnel conducted the raid and found the vehicles to be loaded with illegal sand. It is submitted by learned counsel for the petitioner that petitioner is driver of the tractor and works on the direction of the owner of the tractor. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada
Patna High Court CR. MISC. No.6651 of 2021(2) dt.03-12-2021 3/3 in connection with Hisua P.S. Case No. 261 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) Shageer/- U T