Gandhi Mehta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40646 of 2015 Arising Out of PS.Case No. -36 Year- 2015 Thana -AMBA District- AURANGABAD ====================================================== Gandhi Mehta Son of Rajendra Matho @ Mehta resident of Village Mahabirganj, P.S. Amba, District - Aurangabad. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Leelawati Kumari For the Opposite Party/s : Mr. Ajay Kumar 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 01-10-2015 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 379/411 and 420/34 of the Indian Penal Code and section 40 of the Mines & Minerals (Development & Regulation) Act, 1957. Two tractors loaded with sand were intercepted when the driver suggested that after making payment of Rs.200/- per tractor to the petitioner, being agent of the main contractor Bhim Singh, the sand being transported. It is submitted by learned counsel for the
Patna High Court Cr.Misc. No.40646 of 2015 (2) dt.01-10-2015 2/2 petitioner that there is nothing on the record to suggest that any payment was made to the petitioner, moreover, the case was lodged on the statement of the driver of the tractor. Considering the fact that the accusation being based on the statement of the driver, admittedly seizure was not made from the petitioner and statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Amba P.S. Case No. 36 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T