Ujjawal Mishra v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53650 of 2018 Arising Out of PS. Case No.-154 Year-2018 Thana- BARUN District- Aurangabad ====================================================== Ujjawal Mishra, son of Janardan Mishra, R/O Village Sisrit, P.s. Nokha, Disdtrict Rohtas at Sasaram.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh For the Opposite Party/s :

Mr. Sri Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-12-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Barun P.S. Case No. 154 of 2018 registered under Sections 379, 411 and 420/34 of the Indian Penal Code and Section 4/40 BMMC Rules and Section 15 of Environmental Protection Act. In course of raid at the Kocharh Sand Ghat, two tractors attached with trailor loaded with illegal sand and one motorcycle were seen. Thereafter, signal was given to stop the tractors and motorcycle then the drivers of the tractors and motorcycle rider fled away from there.

Learned counsel for the petitioner submits that petitioner is the owner of tractor bearing engine no.

Patna High Court Cr.Misc. No.53650 of 2018(3) dt.11-12-2018 2/2 TLAN0005983 and chassis no. LAH 350030 422, which was said to be seized with the loaded trailor with sand and he has no knowledge about carrying the illegal sand on his tractor by the driver, who was engaged by the petitioner. It is further submitted that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, in connection with Barun P.S. Case No. 154 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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