Mukesh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63405 of 2017 Arising Out of PS.Case No. -360 Year- 2017 Thana -AURANGABAD TOWN DistrictAURANGABAD ======================================================

1. Mukesh Kumar S/o Nagendra Pandey, R/o Quarter No.E 10, P.O.+P.S.- Dehri on Sone, District- Rohtas at Sasaram.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vipin Kumar Singh For the Opposite Party/s : Mr. Sri Satyendra Narayan Singh For the Mines Dept. M/s Naresh Dixit & Brij Bihari Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-01-2018 Heard both sides.

The petitioner apprehends his arrest in Aurangabad Town P.S. case No. 360 of 2017 for the offences punishable under Section 379 of the Indian Penal Code and under Section 75 of Bihar Minor Minerals Rules, 2017.

The informant intercepted seven vehicles and found that excess amount of stone chips were loaded on the aforesaid vehicles. The petitioner is owner of two vehicles bearing registration No. BR24G-9961 and BR24GA-3468.

The learned counsel for the petitioner submits that petitioner is owner of the vehicles and drivers of the vehicles were plying the vehicles on hire. The petitioner has already paid fine for

Patna High Court Cr.Misc. No.63405 of 2017 (2) dt.11-01-2018 2/2 overload.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner above named in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad Town P.S. case No. 360 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T