Manoj Kumar Singh @ Manoj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48309 of 2018 Arising Out of PS.Case No. -116 Year- 2018 Thana -BARUN District- AURANGABAD ====================================================== Manoj Kumar Singh @ Manoj Singh S/o Haridwar Singh Resident of Village- Ratnaur, P.S. Jamhore, District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar, Adv. For the Opposite Party/s : Mr. Madhuranand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-09-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Barun P.S. Case No. 116/2018, registered for the offences punishable under Sections 379, 411 and 420 of the Indian Penal Code and section 4, 40 of Bihar Minor Mineral Concession Rule and section 15 of Environment Protection Act.

On secret information, raid was conducted at different places by the police officials. During raid, 27 tractors engaged in illegal mining and transportation of sand were seized. It has been submitted that petitioner has falsely been implicated in the case. He is driver-cum-owner of tractor bearing Chassis No. 924713186853 mentioned at sl. No. 19 of the seizure

Patna High Court Cr.Misc. No.48309 of 2018 (2) dt.18-09-2018 2/3 list. No sand was loaded on the trailor attached to the tractor. Petitioner is a poor person who engaged his tractor on daily basis to earn his livelihood.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest or surrender before the 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 Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No. 116/2018, subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(3.) If the petitioner tampers with the evidence

Patna High Court Cr.Misc. No.48309 of 2018 (2) dt.18-09-2018 3/3 or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T