Mahesh Kumar Santhalia @ Mahesh Santhalia v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51361 of 2018 Arising Out of PS.Case No. -432 Year- 2018 Thana -KAHALGAON District- BHAGALPUR ======================================================
1. Mahesh Kumar Santhalia @ Mahesh Santhalia S/o Bijay Kumar Santhalia, R/o Mohalla- Chaudhary Tola Kahalgaon, P.S.- Kahalgaon, District- Bhagalpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. P.K. Shahi, Sr. Advocate Mr. Vikas Kumar, Advocate For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2018 The petitioner is apprehending his arrest in connection with Kahalgaon (Ghogha) P.S. Case No. 432 of 2018, registered for offences punishable under Sections 409 and 420 of the of the Indian Penal Code, Section 40 of Bihar Minor Mineral Concession Rule 1972, 6/4 of Bihar Mineral Concession and Storage Rule 2003 and Section 15 of E.P. Act 1986.
Allegation as per F.I.R. is that a truck loaded with stone chips was intercepted and driver of the said truck tried to flee away but was caught, who disclosed that the loaded stone chips belonged to petitioner.
It has been submitted on behalf of the petitioner that he has falsely been made accused in this case and he is valid license holder as his license is valid till 31-12-2018, which is annexure - 2
Patna High Court Cr.Misc. No.51361 of 2018 (2) dt.19-09-2018 2/2 of the petition and without verifying the said fact, he has been made accused in this case.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bhagalpur, in connection with Kahalgaon (Ghogha) P.S. Case No. 432 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and also with subject to condition that petitioner shall produce the license before the Investigating Officer, who will verify the genuineness of the license and if it is found that the license of the petitioner is forged and fabricated, he may move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) sunil/- U T