Rakesh Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40534 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- AKHODHIGOLA District- Rohtas ====================================================== RAKESH KUMAR GUPTA, aged about 25 years, Male, Son of Alok Gupta, Resident of Mohalla- Mathuri, P.O.- Dalmia Nagar, P.S.- Dehri (Town), District- Rohtas ... Petitioner

Versus

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

For the Petitioner :

Mr. Dhaneshwar Prasad Gupta, Adv.

For the Opposite Party :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Akorhi P.S. Case No. 11 of 2019 for the offences alleged under Sections 379, 411 and 34 of the Indian Penal Code, 40(1) of the Bihar Mining Act and 37(b)(c) of the Bihar Prohibition and Excise Act, 2016.

The accusation is of seizing of tractor of the petitioner attached with trailer loaded with illegal sand and apprehending the driver, Vikas Kumar.

The learned counsel appearing for the petitioner submits that in fact tractor of the petitioner was taken by the driver for the purpose of loading some materials at the road, but, the driver without giving the knowledge he went at the bank of river and loaded sand. Petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.40534 of 2019(2) dt.02-07-2019 2/2 Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Akorhi P.S. Case No. 11 of 2019 shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District & Sessions Judge II-cum-Special Judge, Excise, Rohtas at Sasaram, subject to the conditions as laid down under Section 438(2) Criminal Procedure.

(Rajendra Kumar Mishra, J) Shamshad/- U T