Rama Shankar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52298 of 2018 Arising Out of PS.Case No. -116 Year- 2018 Thana -BARUN District- AURANGABAD ====================================================== Rama Shankar Singh S/o Late Kameshwar Singh, R/o Vill.- Makhara, P.S.- Jamhore, District- Aurangabad.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Rakesh Ranjan Jha S/o Anirudh Mishra, R/o renter Flat 366, Lohianagar, P.S.- Kankarbagh, District- patna. at present Mining development Officer, Aurangabad.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 379, 411, 420 of the Indian Penal Code and Sections-4/40 BMMCR Rules & 15 of Environmental Protection Act.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired as the petitioner's tractor was also parked at the place of occurrence along with other tractors where the Challans were being collected. The tractor in question was

Patna High Court Cr.Misc. No.52298 of 2018 (2) dt.07-09-2018 loaded with sand. The said tractor of the petitioner is driven by the driver of the petitioner for transportation of goods. The petitioner had no knowledge regarding the alleged incident. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No. 116 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T