Patna High CourtCR. MISC./11538/2017allowed

Abdul Kamil Siddique @ Abdul Kamil And ANR v. The State Of Bihar

2017-03-22Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11538 of 2017 Arising Out of PS.Case No. -9 Year- 2017 Thana -RISHIUP District- AURANGABAD ======================================================

1. Abdul Kamil Siddique @ Abdul Kamil, S/o Abdul Wedood Siddique, R/o Ward No.36, Mahamaya Road, Mominpur, Ambikapur, P.S.- Ambikapur, Dist- Surguja (Chhatisgarh) being the owner of truck bearing registration no. CG15DB4155.

2. Nasim Ansari, S/o Sahabjan Ansari, R/o Sangraha, Garhwa, P.S.- Gharhwa, Dist- Garhwa, (Jharkhand) being the driver of the truck bearing no. CG15DB4155.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Om Prakash Maharaj For the Opposite Party/s : Mr. Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-03-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Risiup P.S. Case No. 09 of 2017 registered under Sections 379, 411, 420, 34 of the Indian Penal Code read with section 3, 4 and 5 of the Bihar Illegal Mines Act and 3(e) of the Prevention of Damage of Public Property Act.

Learned counsel appearing on behalf of the petitioners submits that petitioners, who happen to be owner and driver of the truck respectively, have falsely been implicated in the case of overloading the truck. It is also submitted that petitioners

Patna High Court Cr.Misc. No.11538 of 2017 (2) dt.22-03-2017 2/2 have no criminal antecedent.

Having considered the facts and circumstances of the case, let the above named petitioners 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 C.J.M. Aurangabad in connection with Risiup P.S. Case No. 09 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Arvind Srivastava, J) Shailendra/- U T