Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49742 of 2019 Arising Out of PS. Case No.-147 Year-2019 Thana- DELHA District- Gaya ====================================================== 1.

RAKESH KUMAR Son of Chalitra Yadav Resident of Village- Mandi Nawada, P.S.- Chandauti, District- Gaya.

2.

Amit Kumar Son of Late Kishor Yadav Resident of Village- Mandi Nawada, P.S.- Chandauti, District- Gaya.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-08-2019 Petitioners seek bail in anticipation of their arrest in connection with Delha P.S. Case No. 147 of 2019 registered for the offences punishable under Sections 379, 411, 120B of the Indian Penal Code and Section 15 of M.M.D.R. Act, 1957, Rules 4/21, 4/40 of B.M.M.C. Rule, 1972 and Sections 4, 3(a), 5(c), 8(a) of BM(ITM & S) Rule, 2003.

Allegation as per written report submitted by Assistant Director, Mines is that on the information from Delha Police Station that tractors laden with sand were seized he went there and found that 100 cft. sand was loaded on each tractors and it appears that petitioners are owners of the tractors. Submission of learned counsel for the petitioners is

Patna High Court CR. MISC. No.49742 of 2019(2) dt.08-08-2019 2/2 that they were carrying sand on behalf of others and they are ready to deposit the fine.

Heard learned APP also.

In view of above facts and circumstances, let petitioners deposit the fine to the authority concerned and surrender along with the receipt of deposit of fine and on showing the receipts the court below shall release them on bail to its own satisfaction.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U T