Pramod Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42820 of 2019 Arising Out of PS. Case No.-76 Year-2018 Thana- BIKRAMGANJ District- Rohtas ====================================================== 1.

PRAMOD KUMAR SINGH Son of Late Shivnath Singh Resident of Village - Dhawaria Sath, P.S.- Kopaganj, Distt - Mau (U.P.) 2.

Rahul Yadav Son of Ram Kishun Yadav Resident of Village - Nawada, P.S.- Muhamadabad Gohana, Distt - Mau (U.P.) ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kumar Mishra For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-07-2019 Heard learned counsel for the parties.

The petitioners are apprehending their arrest in connection with Bikramganj P.S.Case No.76 of 2018 , registered for offences punishable under Sections 379/34 of the Indian Penal Code Section 40(vii) of Bihar Mining Act, 1972.. Prosecution story is that the police got information of illegal carrying of sand by three trucks and on that he intercepted the trucks but the accused persons succeeded in fleeing away and the trucks were seized.

Submission of the learned counsel for the petitioners is that petitioners are driver and the owner of the truck bearing No.JH 02T 7110 and UP 43T 5151. Further submission is that

Patna High Court CR. MISC. No.42820 of 2019(2) dt.12-07-2019 2/2 they had valid challan for carrying sands business but the I.O. has not accepted the same and he is still ready to submit the valid challan before the Ccurt or before the authority concerned.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed of with direction to the petitioners to surrender by 22.7.2019 and produce the challan before court below, who will get the same verified from concerned authority within a period of three months, for that period, the petitioners shall be released on provisional bail in connection with Bikramganj P.S.Case No.76/2018 to his own satisfaction and once the challan is verified, the learned court below shall confirm the bail bonds of the petitioners.

With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T