Patna High CourtCR. MISC./68303/2018allowed

Sunil Kumar v. The State Of Bihar

2018-12-14Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68303 of 2018 Arising Out of PS. Case No.-129 Year-2018 Thana- BARUN District- Aurangabad ====================================================== Sunil Kumar, S/o Ram Sundar Singh, R/o Village- Teri, P.S.- Barun, DistrictAurangabad (Bihar). ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Lal Bahadur Singh For the Opposite Party/s :

Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 14-12-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Barun P.S. Case No.129 of 2018 for the offence under Sections 379, 411, 420/34 of the Indian Penal Code and Section 4 /40 of Bihar Miner and Mineral Concession Rules 1972 and Section 15 of Prevention of Pollution Act.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent. He is driver of the Tractor which is allegedly involved in the illegal mining of sand. Learned counsel for the petitioner submits that he has parked empty tractor on the road side and he was not aware of the loading of sand and he has no role in illegal mining of sand or connected activities.

Patna High Court Cr.Misc. No.68303 of 2018(2) dt.14-12-2018 2/2 Considering the aforesaid, let the petitioner above named, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Court of learned C.J.M., Aurangabad in connection with Barun P.S. Case No. 129 of 2018, subject to the conditions as laid down under Section 438 Cr.P.C. as also with condition that in the event the name of the petitioner again surfaced in connection with any of the such activities the Court below shall at liberty to cancel the bail bond of the petitioner.

(Anil Kumar Upadhyay, J) T.Kr./- U T