Md. Samruddin @ Samsuddin @ Samruddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57858 of 2017 Arising Out of PS.Case No. -42 Year- 2017 Thana -TEDHAGACHH District- KISANGANJ ====================================================== Md. Samruddin @ Samsuddin @ Samruddin, Son of Mangluddin, resident of Village- Hargaon, P.S.- Tedhagachh, District- Kishanganj, Bihar. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s : Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-12-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner seeks pre-arrest bail in connection with Tedhagachh P. S. Case No. 42 of 2017 registered under Sections 379 of the Indian Penal Code, 40 of the Bihar Minor Mineral Concession Rule, 1972 and 3, 4, 6 and 8 of the Bihar Minerals (Prevention of Illegal Mining Transportation Storage) Rules, 2003.

It is submitted by the learned counsel for the petitioner that the petitioner is a daily wage labourer and is not aware of the fact as to whether his master has got valid licence for stocking sand. He submitted that the petitioner has been

Patna High Court Cr.Misc. No.57858 of 2017 (2) dt.20-12-2017 2/2 falsely implicated in this case and co-accused Jiyaul Haque @ Md. Jabul @ Jiyaul Haque having identical allegation to that of the petitioner has already been granted pre-arrest bail by a coordinate Bench of this Court vide order dated 19.12.2017 passed in Cr. Misc. No. 58269 of 2017.

Learned Additional Public Prosecutor for the State does not dispute the aforesaid contention made by the learned counsel for the petitioner.

Regard being had to the submission made on behalf of the petitioner, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in Tedhagachh P. S. Case No. 42 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.

(Ashwani Kumar Singh, J.) Kanchan/- U T