Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47014 of 2024 Arising Out of PS. Case No.-48 Year-2024 Thana- CHANDI District- Bhojpur ====================================================== 1.
Rahul Kumar, male, aged about 29 years, son of late Jai Dayal Singh, 2.
Anita Devi, female, aged about 26 years, wife of Manoj Kumar, Both resident of Village- Mahadev Chak, P.S.- Koilwar, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-08-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners apprehend arrest in connection with Chandi PS Case No.48 of 2024 dated 28.04.2024, instituted under Sections 379 and 411 of the Indian Penal Code.
3. The prosecution case, in brief, is that the police team, who was on patrolling duty, got secret information that sands are being transported illegally. On such information, they reached to Chandi Chawk and found two tractors loaded with sand are coming from Rupchakia towards Chandi Chawk. On seeing the police party, the driver of the tractors tried to flee away with tractor. However, they were caught near Chandi PS. They could not produce any paper with regard to the sand.
Patna High Court CR. MISC. No.47014 of 2024(2) dt.07-08-2024 2/3
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that as per the seizure list, petitioner no.2 is the owner of the tractor bearing Chasis No.MBNABACAALRH07140, Engine No.RLH2BBN1348, whereas, petitioner no.1 is the driver of the said tractor. It is further submitted that the petitioners are not named in the FIR. They have not been arrested at the spot. During investigation, it has come that the petitioner no.2 is the owner of the said tractor whereas petitioner no.1 is the driver of the said tractor. It is further submitted that two persons were arrested at the spot, namely, Chunnu Kumar and Yogeshwar Yadav with illegal sand loaded on the tractor. Further submission is that the petitioners are not involved in illegal transportation of sand. Petitioner no.2 is the owner and she is ready to deposit the fine in the Mines Department for transporting the sand illegally as alleged. Lastly, it is submitted that the petitioners have no criminal antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon
Patna High Court CR. MISC. No.47014 of 2024(2) dt.07-08-2024 3/3 furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in Chandi PS Case No.48 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973, subject to payment of fine by the owner of the tractor with the Mines Department. The petitioners shall produce the receipt of payment of fine in the Court below at the time of furnishing bail bonds. The Court below shall also ensure that the owner of the concerned tractor must deposit the fine amount with the Mines Department before releasing them on bail.
7. The application stands allowed.
(Khatim Reza, J) J. Alam/- U T