Rajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44190 of 2016 Arising Out of PS.Case No. -132 Year- 2016 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ====================================================== RAJAN KUMAR, S/o Muni Singh, resident of village Gandhi Nagar, Kanke Road, P.O. - Gandhi Nagar, P.S. - Gonda, District - Ranchi (Jharkhand), A/p Village - Laxman Bigha, P.O. Shakarpur Badihan, P.S. Indrapuri, District - Rohtas (Bihar).

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Brajesh Tiwary For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Dehri (Indrapuri) P.S. Case No. 132 of 2016 registered under Sections 379 and 411 of the Indian Penal Code and 40(i) of Bihar Mines Act.

The accusation is that one tractor loaded with sand was intercepted by the Police, which was being driven by the petitioner. At that time, petitioner succeeded to flee away from there.

Learned counsel appearing on behalf of the petitioner submits that actually, loaded material of the tractor was

Patna High Court Cr.Misc. No.44190 of 2016 (2) dt.21-10-2016 2/2 soil, which was being carried for filling the area adjacent to house of the petitioner on the occasion of Tilak Ceremony. Further submission is that co-accused Ram Talika Singh, Owner of the Tractor, has already been allowed bail by a Bench of this Court vide Cr. Misc. No. 23238 of 2016 on 24.05.2016. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four 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 S.D.J.M., Dehri-on-Sone in connection with Dehri (Indrapuri) P.S. Case No. 132 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Rajendra Kumar Mishra, J) Shail/- U T