Patna High CourtCR. MISC./46309/2018bail granted

Prakash Kumar @ Parkash Kumar v. The State Of Bihar

2018-08-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46309 of 2018 Arising Out of PS.Case No. -116 Year- 2018 Thana -BARUN District- AURANGABAD ======================================================

1. Prakash Kumar @ Parkash Kumar S/o Baban Singh resident of Village - Patpura, Nawadih, P.S. - Nawadih, District - Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Ms. Meena Singh, Advocate For the Opposite Party/s : Mr. Madhuranand Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-08-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Barun P.S. Case No. 116 of 2018, registered for offences punishable under Sections 379, 411, 420 of the Indian Penal Code, Section 4, 40 of Bihar Minor Mineral Concession Rule and Section 15 of Environment Protection Act.

As per F.I.R., allegation against the petitioner is of involvement in illegal mining and trafficking of sand. Submission of the learned counsel for the petitioner has committed no offence and the petitioner is driver of the tractor and there was no sand, loaded in the tractor of the petitioner and seizure list does not show the quantity of sand and the petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.46309 of 2018 (2) dt.09-08-2018 2/2 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 on surrender or arrest within six weeks, 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. 116 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/-sunil U T