Bikram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25398 of 2018 Arising Out of PS. Case No.-222 Year-2017 Thana- BAUNSI District- Banka ====================================================== Bikram Kumar S/o Ravindra Yadav, R/o Vill.- Kushmaha, P.S.- Bounsi, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha For the Opposite Party/s :

Mr. Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-05-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Bounsi P.S. Case No. 222 of 2017 dated 10.09.2017 instituted for the offences under Sections 4/40 of the Bihar Minor Minerals Concession Rules, 1972, under Section 4/21 of the M.M.D.R. Act, 1957, U/rule-6/8 of Bihar Minerals (Prevention of Illegal Mining Transporting and Storage Rules, 2003) and under Section 379/411 of the Indian Penal Code.

The police team could lay its hands upon two tractors which were loaded with sand which was being carried from Amba Balu Ghat in Chanan river. Since such loading and transportation of sand is in violation of the rules made in that regard, the tractors were seized. The petitioner happens to be the owner of one of the such tractors.

Mr. Rana Pratap Singh, learned advocate has

Patna High Court Cr.Misc. No.25398 of 2018(2) dt.03-05-2018 2/2 submitted that the owner of the other tractor which also was seized has been granted anticipatory bail. He has further submitted that according to his information, the driver and the cleaner of the tractor had furnished necessary documents regarding the ownership of the vehicle as also the Challan for carrying the sand but the same were not accepted and in an unauthorized manner, the vehicles of the petitioner and another were seized. Considering the aforesaid facts, the petitioner above named is directed to be released on bail, 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, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate III, Banka in connection with Bounsi P.S. Case No. 222 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) Krishna/- Ved/- U T