Nabi Alam @ Nabi Alam Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32728 of 2017 Arising Out of PS.Case No. -41 Year- 2017 Thana -MAINATAND DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Nabi Alam @ Nabi Alam Miyan Son of Pir Mahamad Miyan, Resident of Village-Babhanauli Behriharwa, Police Station Mainatand, Dstrict-West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Sri Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 414 of the Indian Penal Code and Section 40 of the Bihar Mines and Minerals Act.

The petitioner is driver of the tractor which was carrying stone chips from Nepal to Bihar.

Submission of the learned counsel for the petitioner is that the chips were being carried under a valid permit and there is no violation of the provisions of Mines and Minerals Act applicable in the territory of the State of Bihar. Let the petitioner, above named, in the event of his

Patna High Court Cr.Misc. No.32728 of 2017 (2) dt.20-07-2017 2/2 arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Bettiah, West Champaran/successor Court in connection with Mainatand Police Station Case No. 41 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Kundan/- U T