Jaijeet Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59684 of 2018 Arising Out of PS. Case No.-141 Year-2018 Thana- NARHATT District- Nawada ====================================================== Jaijeet Singh, S/o Sri Rajendra Singh, R/o Vill.- Amarhi, P.S.- Muffasil, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-01-2019 Heard learned counsel for the petitioner and learned Special P.P. for the Department of Mines.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 379, 411/34 of the IPC and Rules 4/40 the Bihar Minor Mineral Concession Rules, 1972, Section 21 of the Mines & Minerals (Development & Regulation) Act, 1957, Rules 3/8 of the Bihar Minerals (Prevention of illegal Mining, Transportation and Storage) Rules, 2003 and Section 15 of the Environmental Protection Act, 1986.

The prosecution case, as per the written report of Mines Inspector, Nawada submitted to the Station House Officer,

Patna High Court Cr.Misc. No.59684 of 2018(3) dt.17-01-2019 2/3 Narhat Police Station is to the effect that on 09.06.2018 during patrolling, one Dumpher and one Highwa vehicles were intercepted, which were loaded with Moram. On enquiry from the apprehended two drivers namely, Janeshwar Prasad and Sivil Das, they did not produce any valid challan for transportation of the same.

It is submitted by learned counsel for the petitioner that the petitioner, being the owner of the vehicles, was not aware about the Moram being transported through his two vehicles. Learned Special P. P. for the Department of Mines submits that illegal mining is causing huge loss to the state exchequer.

Considering the fact that the petitioner was not found present at the time of interception of the two vehicles and the nature of seizure, coupled with the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM-V, Nawada, in connection with

Patna High Court Cr.Misc. No.59684 of 2018(3) dt.17-01-2019 3/3 Narhat P.S. Case No.141 of 2018 subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T