Anil Prasad Gupta And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1224 of 2019 Arising Out of PS. Case No.-227 Year-2018 Thana- BARUN District- Aurangabad ======================================================
1. Anil Prasad Gupta, son of Lakshman Sav @ Lakshman Gupta Resident of Village- Mohanganj Gola Barun, P.S.- Barun, District- Aurangabad.
2. Sonu Mishra, son of Ajay Mishra Resident of Maharjganj, P.S. Karakat, District-Rohtas ... ... Petitioner/s
Versus
The State Of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar For the Opposite Party/s :
Mr.Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-01-2019 The petitioners apprehend their arrest in connection with Barun P.S.Case No. 227 of 2018 registered under Sections 379,411 and 420/34 of the Indian penal Code and 4 and 40 of the Bihar Minor Mineral Concession Rules, 1972 and 15 of the Environment Protection Act.
Allegation, as per the FIR, is that police intercepted 08 tractors loaded with sand and petitioners are owner-cum-driver of the tractors.
Submission of learned counsel for the petitioners is that whole allegation is false and concocted.
Heard learned APP also who has opposed the prayer of anticipatory bail.
Having heard both sides and in the facts and
Patna High Court Cr.Misc. No.1224 of 2019(2) dt.18-01-2019 2/2 circumstances, as stated above, as the petitoners have failed to produce any licence for carrying sand business, I am not inclined to grant privilege of anticipatory bail to the petitioners. However, if petitioners surrender and make prayer for regular bail within a period of six weeks from the date of receipt of a copy of this order and produce licence for carrying sand business, the court below shall consider the same and shall pass appropriate order, if possible on the same day, without being prejudiced by this order.
(Vinod Kumar Sinha, J) sujit/- U T