Munna Sah And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.49497 of 2016 (2) dt.09-12-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49497 of 2016 Arising Out of PS.Case No. -33 Year- 2015 Thana -GAUNAHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Munna Sah Son of Jagdeo Sah
2. Rajeshwar Sah@Rajesh Sah Son of Jagdeo Singh
3. Jagdeo Sah Son of late Bhagwan Sah All Resident of VillageManguraha, P.S. Gaunaha, District West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-12-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Section 414 of the Indian Penal Code and Section 21 of the Mines and Minerals (Regulation and Development) Act, 1957.
Allegation is that petitioners were carrying stones, which were prohibited mineral. Further prosecution case is that the petitioners fled away along with the bullock cart after unloading the stones.
Submission is that the aforesaid allegation is highly unbelievable.
Patna High Court Cr.Misc. No.49497 of 2016 (2) dt.09-12-2016 Considering the facts aforesaid, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Bettiah, West Champaran/Successor Court in connection with Gaunaha Police Station Case No.33 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Birendra Kumar, J) Mkr./- U T