Patna High CourtCR. MISC./49852/2018bail granted

Upendra Singh And ANR v. The State Of Bihar

2018-08-30Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49852 of 2018 Arising Out of PS.Case No. -116 Year- 2018 Thana -BARUN District- AURANGABAD ======================================================

1. Upendra Singh S/o Late Mukhi Singh, resident of Village- Nawagadh, P.O. Nawadih, P.S. Indrapuri, District- Rohtas.

2. Raushan Kumar S/o Ram Pravesh Singh, resident of Patpura, P.S. Nawadih, Indrapuri, District- Rohtas (Bihar). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Meena Singh, Advocate For the Opposite Party/s : Mr. Madhuranand Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2018 Heard the parties.

The petitioners seek anticipatory bail in connection with Barun P.S. Case No. 116 of 2018, registered for offences punishable under Sections 379, 411 and 420 of the Indian Penal Code, Section 4 and 40 of Bihar Minor Mineral Concession Rule and Section 15 of Environment Protection Act. As per F.I.R., allegation against the petitioners is of involvement in illegal mining and trafficking of sand and a seizure list has been prepared by the police.

Submission of the learned counsel for the petitioners is that sand was not loaded on the tractor, which will appear from the seizure list and they are the owner and drivers of the vehicle. It is

Patna High Court Cr.Misc. No.49852 of 2018 (2) dt.30-08-2018 2/2 also submitted that the petitioners have no criminal history. 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 petitioners, above named on surrender or arrest within six weeks be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) each 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 petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(Vinod Kumar Sinha, J) Sudha/- U T