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Patna High CourtCR. MISC./44604/2018allowed

Sanjeev Kumar Singh v. The State Of Bihar

2018-07-31Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44604 of 2018 Arising Out of PS.Case No. -120 Year- 2018 Thana -BARUN District- AURANGABAD ======================================================

1. Sanjeev Kumar Singh, Son of Sri Birendra Kumar Singh, Resident of Village- Barundih, P.S.- Barun, District- Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Santosh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Anil Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-07-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Barun P.S. Case No. 120 of 2018, registered for offences punishable under Sections 379, 411, 420 along with 34 of the Indian Penal Code and 4/40 (BMMCR) Bihar Minor Mineral Concession Rules, 1972 and Section 15 of Environment Protection Act, 1986.

As per F.I.R., allegation against the petitioner is that when the police officials raided and found 12 tractors engaged in illegal mining and trafficking of sand and he has not produced any paper.

Submission of the learned counsel for the petitioner is that the petitioner is owner cum Driver of the tractor and seizure

Patna High Court Cr.Misc. No.44604 of 2018 (2) dt.31-07-2018 2/2 list was prepared, which shows itself that some one else loaded the sand in tractor and the petitioner has falsely been implicated in this case and the petitioner has clean antecedent. Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, surrenders be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Barun P.S.Case No. 120 of 2018, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (Vinod Kumar Sinha, J) Sudha/- U T