Tinku Hansda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1841 of 2021 Arising Out of PS. Case No.-32 Year-2019 Thana- JAIPUR District- Banka ====================================================== TINKU HANSDA SON OF LADO HANSDA RESIDENT OF VILLAGE - GADIJHOPA, P.S. - SARAIYAHAT, DISTRICT - DUMKA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-07-2021 Heard Mr. Dhananjay Kumar Pandey, learned counsel for the petitioner and the learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Jaipur P.S. Case No. 32/2019 instituted for the offences under Sections 379/411 of the Indian Penal Code, Section 4/40 of the BMMC Rules, 1972 and Section 4/21(i), 21(4A) of MMDR Act, 1957. The petitioner is said to be the driver of a tractor which was found to be loaded with sand which had been illegally extracted.

Learned counsel for the petitioner has submitted that he was only executing the orders of the owner of the

Patna High Court CR. MISC. No.1841 of 2021(2) dt.15-07-2021 2/2 tractor. The owner of the tractor has deposited the fine and has been released on bail. So far as the petitioner is concerned, he had no knowledge that without obtaining permit, the owner of the tractor had asked him to load the vehicle with sand.

Regard being had to the fact that the owner of the tractor has already been released on bail after depositing the amount of loss as computed by the prosecution, the petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Jaipur P.S. Case No. 32/2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Ashutosh Kumar, J) sunilkumar/- U T