Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46706 of 2017 Arising Out of PS.Case No. -107 Year- 2017 Thana -TELHARA District- NALANDA (BIHARSHARIFF) ====================================================== Kanhaiya Kumar, son of Pradip Prasad, resident of Village-Manpur, Police Station-Hilsa, District-Nalanda.

.... .... Petitioner

Versus

1.The State of Bihar 2.The Mines and Mineral Department, Govt. of Bihar, Patna .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Ajay Kumar -2 For Mines Department : Mr. Rajendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-09-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Telhara P.S. Case No. 107 of 2017 registered for the offences punishable under Sections 379, 411, 188 of the Indian Penal Code and 4.40 of Bihar Minor Minerals Concession Act.

Allegation against the petitioner is of committing theft of sand and he was arrested along with tractor.

Submission of learned counsel for the petitioner is that he is driver and he has also proper licence issued by B.D.O. of the area and he is in custody since 6.8.2017 having no criminal antecedent.

Heard learned APP and learned counsel for the Mines Department. Learned counsel for Mines Department has opposed

Patna High Court Cr.Misc. No.46706 of 2017 (3) dt.22-09-2017 2/2 the prayer for bail stating that B.D.O. is not the licensing authority under the Mines Act and further Government has stopped the mining during the period and also he has to collect sand from another area instead of the particular area.

Having heard both sides and in view of facts and circumstances, let petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Sri Sunil Kumar Singh, Judicial Magistrate-cum-Munsif, Hilsa, Nalanda, in connection with Telhara P.S. Case No. 107 of 2017, subject to the following conditions :- (1) One of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned, (2) If active involvement of the petitioner in such type of cases is found in future, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U