Patna High CourtCR. MISC./8563/2018bail granted

Niraj Kumar v. The State Of Bihar

2018-02-17Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8563 of 2018 Arising Out of PS.Case No. -79 Year- 2017 Thana -BARABAR TOURIST District- JEHANABAD ======================================================

1. Niraj Kumar Son of Shatrudhan Sharma Resident of Village Parawan P.S. Ghoshi District Jehanabad.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. Sri Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-02-2018 Heard both sides.

The petitioner apprehends his arrest in Barabar Prayatan (Bishunganj O.P.) P.S. Case No.79 of 2017 registered under Sections 379, 411 and 420 of I.P.C. and4(i)/40 of Bihar Minor Mineral Concession Rules, 1972 and Section 1, 2 and 3 of Bihar Illegal Mining Storage and Transportation Act. The petitioner is not named in the FIR. The petitioner has been made accused only on the ground that the tractor of the petitioner bearing Registration NoBR-25G-6183 was found loaded with sands.

The learned counsel for the petitioner submits that the tractor of the petitioner was hired and the petitioner has not been arrested on the place of occurrence.

Patna High Court Cr.Misc. No.8563 of 2018 (2) dt.17-02-2018 2/2 Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from the date of receipt / production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Jehanabad in connection with in Barabar Prayatan (Bishunganj O.P.) P.S. Case No.79 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Sanjeev/- U T