Ravi Shankar Pratap Singh @ Ravi Shankar Prasad Singh @ Ravi Singh @ Ravi Shankar Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13298 of 2017 Arising Out of PS.Case No. -9 Year- 2017 Thana -MUFFASIL District- AURANGABAD ====================================================== Ravi Shankar Pratap Singh @ Ravi Shankar Prasad Singh @ Ravi Singh @ Ravi Shankar Kumar Singh Son of Rana Randir Pratap Singh Resident of Kasar Kothi, P.O.+ P.S.- Bikram, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sumeet Kumar Singh, Advocate For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 12-04-2017 Heard.

The petitioner apprehends his arrest in connection with Aurangabad (M) P.S. Case No. 09 of 2017 registered for an offence under Sections, 379,411 of the IPC and 3,4,5 of the Bihar Mineral Prevention of Illegal Mining Transportation & Storage Rules and 4,44 of the Bihar Mineral Concession Rules. In course of patrolling, the police party apprehended trucks loaded with stone chips beyond their permissible limit for transporation.

Learned counsel for the petitioner submits that the petitioner is owner of one of the truck bearing Registration No. BR01GC7404 having valid owner book and papers to drive the vehicle and carry the stone chips. He further submits that Challan bearing No. C101600710/2757, dated 21.01.2017 under which

Patna High Court Cr.Misc. No.13298 of 2017 (2) dt.12-04-2017 2/2 stone cheeps were dispatched was verified by the District Mining Officer on the request of SHO of concerned police station wherein it was reported that the said challan was online generated. The police have not specifically mentioned regarding quantity of stone chip loaded on the truck. The petitioner has no criminal antecedent.

However, learned APP opposed the submissions. Considering the submission of learned counsel for the petitioner and the fact that the written challan issued for transporting the chips was found genuine by the District Mining Officer, let the above named petitioner in the event of their arrest or surrender in the court below be admitted on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Aurangabad (M) P.S. Case No. 09 of 2017 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Sanjay Kumar, J) Prakash/- U T