Uday Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37112 of 2018 Arising Out of PS. Case No.-85 Year-2018 Thana- BARUN District- Aurangabad ====================================================== Uday Singh, S/o Avadhesh Singh @ Audhesh Singh, R/o Vill.- Kochdh, TolaPandit Bigha, Son Nagar, P.S.- Barun, District- Aurangabad. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Manish Kumar 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 02-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Barun P.S. Case No.85 of 2018, registered for the offence punishable under Sections 379, 411, 420/34 of the Indian Penal Code, Section 4/40 of the Bihar Minor Mineral Concession Rules and Section 15 of the Environment Protection Act.

The prosecution case is that on 23.04.2018 in compliance of the order of the District Magistrate, the informant who was Mines Inspector, raided Kochar Sand Ghat in order to check the illegal mining and trafficking of sand and found 35-40 tractors loaded with illegal sand. Some of the drivers tried to

Patna High Court Cr.Misc. No.37112 of 2018(2) dt.02-07-2018 2/3 unload sand but could not succeed and some drivers of the tractors managed to run away. The tractor of the petitioner was seized, description of which, is mentioned in the First Information Report.

Learned counsel for the petitioner submits that petitioners have been made accused merely on suspicion. He further submits that other co-accused persons have been granted anticipatory bail by a coordinate Bench of this Court vide order dated 18.06.2018 passed in Criminal Miscellaneous No.33411 of 2018 and order dated 07.06.2018 passed in Criminal Miscellaneous No.34158 of 2018.

Looking to the entire facts and circumstances of the case, let the petitioner, namely, Uday Singh, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, in connection with Barun P.S. Case No.85 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioner for the purposes of investigation

Patna High Court Cr.Misc. No.37112 of 2018(2) dt.02-07-2018 3/3 and interrogation, he will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.

(Shivaji Pandey, J) pawan/- U