Patna High CourtCR. MISC./56719/2017bail granted

Sanjeev Kumar And ANR v. The State Of Bihar

2017-12-14Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56719 of 2017 Arising Out of PS.Case No. -173 Year- 2017 Thana -BARUN District- AURANGABAD ======================================================

1. Sanjeev Kumar, Son of Radha Raman Singh, Resident of Village-New Daliya, P.S.-Dehri-on-Sone, District-Rohtas.

2. Priyanshu Gautam, Son of Ajay Singh, Resident of Village-Bheriya, P.S.- Dehri-on-Sone, District-Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Siddharth Harsh For the Opposite Party/s : Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-12-2017 Heard both sides.

The petitioners apprehend their arrest in Barun P.S. case No. 173 of 2017 under Section 379, 411, 420, 34 of the Indian Penal Code and under Section 3, 4, 5 of Bihar Illegal Mining Act.

The Circle Officer, Barun raided the sand excavation centre and seized differed tractors.

The learned counsel for the petitioners submits that petitioner No.1 is owner of one of the tractors and petitioner No.2 is driver. The driver of the tractor was waiting for Challan after loading the sand but, in the meantime, the raid was conducted. Even the petitioner No.1 had applied for registration No. and that

Patna High Court Cr.Misc. No.56719 of 2017 (2) dt.14-12-2017 2/2 is why the registration No. was not written on the registration No. plate of the tractor.

Considering the facts aforesaid and the nature of allegation made against the petitioners, the petitioners, above named, in the event of their 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 are 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 Barun P.S. case No. 173 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