Nand Lal Gupta @ Nan Lal Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20889 of 2017 Arising Out of PS.Case No. -9 Year- 2017 Thana -MUFFASIL District- SASARAM (ROHTAS) ====================================================== Nand Lal Gupta @ Nan Lal Gupta, son of Suresh Sah, resident of VillageAmra Talab, P.S.- Sasaram, District- Rohtas. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar, Adv.

For the Opposite Party/s : Mr. Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Aurangabad (M) P.S. Case no. 09 of 2017, registered under Sections 379, 411 of the Indian Penal Code and Section 3, 4 and 5 of Bihar Mineral Prevention of Illegal Mining Transportation and Storage Rules and Section 4/44 of Bihar Mineral Concession Rules. The accusation is that on receiving secret information about carrying of illegal stone chips, the informant and other Police personnel started checking of the vehicle. At that time, driver of two trucks bearing Reg. Nos. BR-01GC-7404 and JH-02K-6614 seeing the checking of the vehicle started to flee away on parking their trucks on the road, but they were apprehended, who disclosed their names as Ranjeet Paswan and Raja Mian and they also disclosed the name of the owner of the said truck as Ravi Singh and Nandlal Gupta (Petitioner).

Patna High Court Cr.Misc. No.20889 of 2017 (3) dt.03-08-2017 2/2 The apprehended driver of the trucks did not produce any paper regarding loading of stone chips.

Learned counsel for the petitioner submits that admittedly, the petitioner is the owner of Truck bearing Reg. No. JH02K-6614, but he had no knowledge about carrying of illegal stone chips loading the same by his driver. Further submission is that petitioner has no criminal antecedent and similarly situated co-accused Ravi Shankar Pratap Singh @ Ravi Shankar Prasad Singh @ Ravi Singh @ Ravi Shankar Kumar Singh has already been granted anticipatory bail on 12.04.2017 vide Criminal Miscellaneous No. 13298 of 2017.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in connection with Aurangabad P.S. Case No. 9 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T