Mithilesh Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4430 of 2018 Arising Out of PS.Case No. -666 Year- 2017 Thana -BANKA District- BANKA ====================================================== MITHILESH KUMAR S/o Sri Bhumeshwar Sah, R/o Village- Puranibaheta Samukhiya, P.S.- Banka, Distt.- Banka.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. The Assistant Director, Mines and Geology Department, Banka. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-02-2018 The petitioner seeks bail in anticipation of his arrest in connection with Banka P.S. Case No. 666 of 2017 dated 13.10.2017 instituted for the offences under Section 379 of the Indian Penal Code, Mines and Minerals (Development and Regulation) Act, 1957 and Sections 4/21(4A) & 4/40 of the Bihar Minor Mineral Concession Rules, 1972.
A tractor loaded with sand was spotted by the informant but without there being any valid permit for transporting the sand. The petitioner is said to be the owner of the vehicle (tractor) in question.
It has been submitted on behalf of the petitioner that he had given the vehicle in question to be plied on commercial basis to the driver and without his knowledge, it was
Patna High Court Cr.Misc. No.4430 of 2018 (2) dt.01-02-2018 2/2 being used for transporting sand. The petitioner was not found at the place where the vehicle (tractor) was parked. The petitioner does not have criminal antecedent.
For the facts stated above, the petitioner, above named is directed to be released on bail, in the event of his surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, subject to his furnishing bail bond in the sum of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No. 666 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J) Shageer/- U T