Mukesh Kumar Singh @ Mukesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43701 of 2018 Arising Out of PS. Case No.-92 Year-2018 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Mukesh Kumar Singh @ Mukesh Singh, Son of Rambacchan Singh, Resident of Village- Karamdih, P.S. Barun, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-07-2018 Heard learned Counsel for the petitioner and learned Special PP for the Mines.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 420, 414 of the Indian Penal Code and Rule 40 of the Bihar Minor Mineral Concession Rules, 1972.

The prosecution case got initiated on the basis of written report dated 22.03.2018, submitted by Mines Inspector, Aurangabad, to the Station House Officer, Town Police Station,

Patna High Court Cr.Misc. No.43701 of 2018(2) dt.23-07-2018 2/3 Aurangabad to the effect that on 22.03.2018 under the supervision of the District Magistrate, Aurangabad, a raid was conducted, when seven tractors were intercepted carrying illegal mined sand, near Block Mod.

It is submitted by learned counsel for the petitioner that the petitioner was driver of one of the tractor intercepted and he was transporting the mines under valid challan. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by learned Special P. P. for the Mines that the due to the illegal mining huge loss is caused to the state exchequer.

Considering the nature of accusation and the claim of the petitioner, being driver of the tractor that the mines were being carried under valid permit, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Aurangabad, in connection with

Patna High Court Cr.Misc. No.43701 of 2018(2) dt.23-07-2018 3/3 Aurangabad (Town) P.S. Case No.92 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T