Patna High CourtCR. MISC./32267/2018allowed

Sanjay Mahto v. State Of Bihar And ANR

2018-06-06Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32267 of 2018 Arising Out of PS.Case No. -547 Year- 2017 Thana -HILSA District- NALANDA (BIHARSHARIFF) ====================================================== Sanjay Mahto S/o Late Ganori Mahto, R/o Vill.- Arpa, P.O.- Kaliyachak, P.S.- Hilsa, District- Nalanda.

.... .... Petitioner

Versus

1. The State of Bihar.

2. The Secretary, Mines Department , Bihar, Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Lal Verma, Adv. For the Opposite Party/s : Mr. Manoj Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-06-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Hilsa Police Station Case No. 547 of 2017, disclosing offences under Section 379 of I.P.C., Sections 4, 40 of the Bihar Mines Minerals Concessions Rules and Section 8 of the Bihar Minerals (Prevention of legal mines Transportation and storage) Rules, 2003 Learned Counsel for the petitioner has submitted that the petitioner is innocent and has not been committed any offence. The petitioner, being the owner of the tractor, has falsely been implicated in this case due to some village politics.

Patna High Court Cr.Misc. No.32267 of 2018 (2) dt.06-06-2018 2/2 Moreover the petitioner is nowhere involved in illegal transportation of sand. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released 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 1st Additional Sessions Judge, Hilsa, Nalanda, in connection with Hilsa P.S. Case No. 547 of 2017, G.R. No. 1772 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T