Shashi Kant Kaushal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43652 of 2019 Arising Out of PS. Case No.-19 Year-2019 Thana- DARIHAT District- Rohtas ====================================================== 1.

Shashi Kant Kaushal Son of Rajendra Singh @ Rajesh Singh Resident of Village-Majhiwan, P.O.-Paduhar, P.S.-Darihat, District-Rohtas. 2.

Rajendra Singh @ Rajesh Singh Son of Late Jagdish Singh Resident of Village-Majhiwan, P.O.-Paduhar, P.S.-Darihat, District-Rohtas. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar For the Opposite Party/s :

Mr. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-09-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Darihat P.S. Case No.19/2019 registered for the offence punishable under Sections 379/411 of the Indian Penal Code and Section 40(1) of the Bihar Mines Act, 1972.

Three illegal sand laden tractors were apprehended by the informant and the driver of the aforesaid tractors managed to escape.

It is submitted by learned counsel for the petitioners that the petitioner nos.1 and 2 happens to be the father and son and petitioner no.1 is owner and petitioner no.2 is the driver

Patna High Court CR. MISC. No.43652 of 2019(3) dt.09-09-2019 2/2 respectively of the aforesaid tractor. They were transporting the sand on the basis of valid challan issued by the Mining Department. They have been falsely implicated in the case on refusal to cough up the demand of graft of the informant by them. Petitioners have no criminal antecedent. On the other hand, learned APP opposed the bail prayer of the petitioners.

In the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned J.M.1st Class, Deharion-sone, Rohtas in connection with Darihat P.S. Case No.19/2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) amit/- U T