Dinesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25248 of 2018 Arising Out of PS.Case No. -92 Year- 2018 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Dinesh Singh, Son of Rajendra Singh, resident of Jasoiya Tole Kanhai, P.S. Aurangabad Town, District- Aurangabad.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Smt. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-04-2018 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in connection with Aurangabad (Town) P.S. case no. 92 of 2018 for the offence under Sections 420, 467, 471, 414 of the Indian Penal Code and Section 40 of the Bihar Minor Mineral Concession Rules and subsequently Section 467 and 471 of the Indian Penal Code was deleted.

Learned counsel for the petitioner submits that the petitioner was carrying sand with valid Chalan and as such the informant has wrongly lodged the F.I.R. against this petitioner. From perusal of the F.I.R., it appears that the informant apprehended the persons for illegal mining and transportation of

Patna High Court Cr.Misc. No.25248 of 2018 (2) dt.25-04-2018 2/2 the sand without valid Chalan. He submits that since the petitioner has valid Chalan, the case of the petitioner on that basis is distinguishable and he deserves anticipatory bail, particularly, in view of the fact that the petitioner has clean antecedent. Considering the aforesaid submissions, the petitioner, named above, in the event of arrest or surrender before the court below within one month from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Aurangabad P.S. case no. 92 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Upadhyay, J) Uday/- U T