Amarnath Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56085 of 2017 Arising Out of PS.Case No. -220 Year- 2017 Thana -BALIA District- BEGUSARAI ====================================================== 1.

Amarnath Sharma, S/o Sri Sukhdeo Sharma, Resident of Village+P.O.+P.S.- Bhagwanpur, District- Muzaffarpur .... Petitioner

Versus

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

For the Petitioner : Mr. Chandra Shekhar Anand, Adv. For the Opposite Party : Mr. Parmanand Kumar, APP 244 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-12-2017 Heard both sides.

The petitioner apprehends his arrest in Ballia P.S. Case No. 220 of 20017 registered under Section 409 of the Indian Penal Code and 21 of the Mines of Mineral Development Act, 1957.

The petitioner is the owner of the truck, bearing registration no. BR-06GA-8118. The truck was intercepted and the driver was arrested. The driver was carrying the truck loaded with 1000 cubic feet of sand. The driver has already been enlarged on bail.

The learned counsel for the petitioner submits that the petitioner has committed no offence.

Considering the facts and nature of allegation, made against the petitioner, the petitioner, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Ballia P.S. Case No. 220 of 20017 to the satisfaction of Chief Judicial Magistrate, Begusarai, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. (Prabhat Kumar Jha, J) SA/- U √ T √