Anil Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33953 of 2018 Arising Out of PS.Case No. -12 Year- 2018 Thana -HILSA District- NALANDA (BIHARSHARIFF) ===================================== Anil Kumar, driver of Tractor No. BR21D-4607, Son of Pyare Gope, resident of Village- Tandpur, Police StationHilsa, District- Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Secretary Mines and Mineral Department, Govt. of Bihar, Patna.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Iftekhar Mahmood ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-07-2018 The petitioner seeks bail in anticipation of his arrest in connection with Hilsa P.S. Case No. 12 of 2018, dated 08.01.2018, instituted for the offences punishable under Sections 379 and 414 of the Indian Penal Code, Section 4/40 of the Bihar Mines and Mineral Control Rules, 1972 and Section 8 of the Illegal Mining Storage and Transportation Act, 2003.

It is alleged in the F.I.R. that an attempt was

Patna High Court Cr.Misc. No.33953 of 2018 (2) dt.05-07-2018 2/2 made to extract sand from a pond in an unauthorized manner.

The petitioner is the driver of the vehicle in question.

It has been submitted on behalf of the petitioner that he was having mud extracted from the pond which belongs to him. It has also been submitted that the owner of the vehicle (tractor) has been granted anticipatory bail by a Bench of this Court vide order dated 09.05.2018 passed in Cr. Misc. No. 28934 of 2018.

Regard being had to the nature of accusation and the facts stated above, let the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa at Nalanda in connection with Hilsa P.S. Case No. 12 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T