Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66109 of 2019 Arising Out of PS. Case No.-391 Year-2017 Thana- MANER District- Patna ====================================================== PANKAJ KUMAR S/o Late Harendra Ray R/o village- Suwarmarwa, P.S.- Maner, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-10-2019 This application, for grant of anticipatory bail, arises out of Maner P.S. Case No. 391 of 2017, disclosing offences under Sections 379 and 411/34 of the Indian Penal Code and Section 4/40 of Bihar Minor Mineral Concession Rule 1972 and 3/8 of Bihar Mineral Prevention of Illegal Mining Transportation and Storage (Rule) 2003 Allegation as per F.I.R. vehicle of the petitioner was seized loaded with sand and was kept at police station and no paper was produced by the petitioner. It further appears that that petitioner is accused in two other cases of similar nature. Submission of learned counsel for the petitioner is that he has been made accused in this case only because, he happens to be owner of the tractor and the aforesaid tractor was in control of the driver.

Patna High Court CR. MISC. No.66109 of 2019(2) dt.23-10-2019 2/2 Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner may surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, without being prejudiced by this order.

This application is, accordingly, dismissed (Vinod Kumar Sinha, J) sunilkumar/- U T