Upendra Kumar Jaiswal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67411 of 2023 Arising Out of PS. Case No.-250 Year-2023 Thana- RAJPUR District- Buxar ====================================================== 1.
UPENDRA KUMAR JAISWAL SON OF JAGROPAN JAISWAL RESIDENT OF VILLAGE - DIR KHILI, P.S. - DURGAWATI, DISTRICT - KAIMUR, BHABUA 2.
UPENDRA KUMAR SON OF VIPIN CHOUDHARY RESIDENT OF VILLAGE - GHORGHAT, P.S. - SHEOSAGAR, DISTRICT - ROHTAS ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uma Shankar Singh, Advocate For the Opposite Party/s :
Mr. Shyameshwar Dayal, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-10-2023 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 379, 411/420 of the Indian Penal Code, Sections 4/21 of the Mines and Minerals (Development and Regulation) Act, Sections 43/56 of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Amendment Act, 2021.
3. As per prosecution case, petitioner No. 1 is owner and petitioner No. 2 is driver of the truck which was found to be involved in illegal transportation of sand.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.67411 of 2023(2) dt.19-10-2023 2/2 petitioner No. 1 who is owner of the truck in question has already deposited the fine of Rs. 2,59,125/- on 19.07.2023 (photocopy of the E-Challan annexed as Annexure-3-P). Petitioners claim clean antecedent.
5. Considering the aforesaid facts and circumstances, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Buxar in connection with Rajpur P. S. Case No. 250 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T