Om Prakash Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78032 of 2018 Arising Out of PS. Case No.-154 Year-2018 Thana- BARUN District- Aurangabad ======================================================

1. Om Prakash Singh, S/o Late Chandra Deo Singh,

2. Ranju Devi W/o Late Chandra Deo Singh, Both Residents of Vill.- Mahuli, P.S.- Nabinagar, District- Aurangabad.

3. Ranvijay Singh @ Ranvijay Kumar Singh S/o Nawal Singh, R/o Vill.- Indrar, P.S.- Rafiganj, Districti Aurangabad.

4. Chandan Kumar S/o Birendra Prasad Singh, R/o Mohalla- P.H.E.D. Colony, Aurangabad, P.S.- Aurangabad Town, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-01-2019 Heard the parties.

The petitioners are apprehending their arrest in connection with Barun P.S.Case no.154 of 2018 , registered for offences punishable under Sections 379, 411, 420, 34 of the Indian Penal Code and Section 4/40 of Bihar Mineral Rules and Section 15 of the Environment Protection Act. Allegation as per FIR is that the police intercepted two tractors loaded with sand and one motorcycle and the accused persons succeeded in fleeing away.

Submission of the learned counsel for the petitioners is that they have been falsely implicated in this case and no case is made out under Section 379 and 411 of the IPC and the case

Patna High Court Cr.Misc. No.78032 of 2018(2) dt.04-01-2019 2/2 under Section 4/40 of the Bihar Mineral Rules is bailable in nature. Petitioner Nos. 1 and 2 are the joint owner of the tractors, petitioner no.3 is the Driver of the Tractor and petitioner no.4 is the owner of the motorcycle. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order 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 the learned CJM, Aurangabad in connection with Barun P.S.Case No.154 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With the aforesaid observation, this application is allowed.

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