Munmun Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19753 of 2017 Arising Out of PS.Case No. -8 Year- 2017 Thana -AMBA District- AURANGABAD ======================================================

1. Munmun Kumar S/o Dhanpat resident of Village - Balumath, P.S. - Balumath, District - Latehar (Jharkhand).

2. Satyendra Singh S/o Mankeshwar Singh resident of Village - Deshpur, P.S. - Amba, District - Aurangabad (Bihar).

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. Sri Sakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 30-05-2017 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in connection with Amba P.S. Case No. 8 of 2017 for offences under Sections 379, 411 and 420/34 of the Indian Penal Code and Section 40 of the Bihar Mines and Minerals Concession Rules.

From the FIR it appears that the petitioner No. 1 is the driver and petitioner no. 2 is the owner of the truck. The allegation against them is that they have loaded the sand without valid challan. The attention of the Court was drawn to Annexures 2 and 3 at pages 12 and 13 of the bail petition which indicate that

Patna High Court Cr.Misc. No.19753 of 2017 (2) dt.30-05-2017 2/2 the petitioners were carrying the sand with appropriate challan as contained in Annexure-2, which was found to be genuine on verification vide letter No. 674 dated 30.3.2017, as contained in Annexure-3.

In view of the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in connection with Amba P.S. Case No. 8 of 2017, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Upadhyay, J) S.Pandey/- U T