Abhay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39763 of 2019 Arising Out of PS. Case No.-9 Year-2019 Thana- DARIHAT District- Rohtas ====================================================== ABHAY KUMAR Son of Raj Narayan Singh Resident of VillageDhankadha, P.S.- Sasaram, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Siddharth Harsh For the Opposite Party/s :

Mr.Bharat Bhushan(App156) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-06-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Darihat P.S. Case No.9 of 2019 registered under Sections 379 and 411 of the Indian Penal Code besides Section 40(1) of the Bihar Mines and Mineral Concession Rule, 1972. The accusation is of seizing three tractors loaded with illegal extracted sand including the tractor of the petitioner at the bank of Sone River. Antu Kumar, the driver of the petitioner, and the drivers of two other tractors, were apprehended from there.

Learned counsel for the petitioner submits that Antu Kumar, the driver of the tractor of the petitioner, had gone from

Patna High Court CR. MISC. No.39763 of 2019(2) dt.28-06-2019 2/2 the house of the petitioner for transportation of some material but without giving knowledge to the petitioner, he reached at the bank of Sone river for carrying the illegal sand. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, First Class, Dehri, District-Rohtas, in connection with Darihat P.S. Case No.09 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T