Ajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21751 of 2016 Arising Out of PS.Case No. -24 Year- 2016 Thana -SANGRAMPUR District- MUNGER ====================================================== Ajeet Kumar S/o Banwari Yadav resident of village - Prithbichak, P.S. Sangrampur, Distt. - Munger .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha Mr. Kumar Kamal Nayan For the State Mr. M. Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 20-05-2016 Heard the counsel for the petitioner and Mr. Dayal, APP for the State.

The ASI of the police station lodged the case against the petitioner under sections 379/411 IPC and section 4/40 of the Bihar Minor Minerals Concessions) Rule,1972 with an allegation that on the relevant date i.e. 01.03.2016, a tractor was found loaded/laden with sand. The driver managed to escape. The enquiries were made to find that the said tractor belonged to the petitioner.

It is submitted that the petitioner used to give the tractor on hire. What was carried on the tractor cannot be construed as conscious possession of the petitioner. He has no criminal

Patna High Court Cr.Misc. No.21751 of 2016 (2) dt.20-05-2016 2/2 antecedents.

Considering the above, the petitioner named above, in the event of arrest/surrender within four weeks from today, shall be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of CJM, Munger in Sangrampur P.S. Case No. 24 of 2016 on condition that one of the bailors of the petitioner shall be his own/close family member. He shall appear on each date fixed at the trial. None appearance on two dates in a row shall lead to cancellation of his bail bonds.

(Kishore Kumar Mandal, J) HR/- U T