Anirudh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5549 of 2018 Arising Out of PS.Case No. -82 Year- 2017 Thana -PAUTHU District- AURANGABAD ====================================================== Anirudh Kumar, son of Rajendra Yadav, Resident of Village- Beri, P.S.- Pauthu, District- Aurangabad (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arbind Kumar Singh, Advocate : Mr. Ranjit Kumar. Advocate For the State : Mr. Satyavarat Verma, APP For the Mines : Mr. Naresh Dikshit, Advocate : Mr. Brij Bihari Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 08-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Pauthu P.S. Case No.82 of 2017 registered under Sections 379, 411 and 120B of the Indian Penal Code as well as Section 40 of the Bihar Minor Minerals Concession Rules.

It is submitted by the learned counsel for the petitioner that the petitioner is driver of the tractor. He has got no concern with the alleged offence. He submitted that he used to ply the tractor on hire as per the direction of the owner, who has already been granted pre-arrest bail vide order dated 16.01.2018 passed in

Patna High Court Cr.Misc. No.5549 of 2018 (2) dt.08-02-2018 2/2 Cr. Misc. No.2083 of 2018 by a Bench of this Court. He also submitted that the petitioner has got no criminal antecedent. Learned counsel for the State submitted that the petitioner is alleged to be driving the tractor attached with a trailer on which illegally mined sand was being transported. Considering the nature of offence and the submissions made on behalf of the parties, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released 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 Pauthu P.S. Case No.82 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T