Sona Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29169 of 2018 Arising Out of PS.Case No. -75 Year- 2018 Thana -ISLAMPUR District- NALANDA (BIHARSHARIFF) ======================================================
1. Sona Kumari W/o Ramawatar Prasad, R/o Moh. Kazi Bazar, Hilsa, P.S.- Hilsa, District- Nalanda.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raj Kishore Singh For the Opposite Party/s : Mr. Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-05-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks pre-arrest bail in connection with Islampur P.S. Case No.75 of 2018 registered for the offences under Sections 379 /431 of I.P.C. and Section 4 / 40 of Bihar Minor Mineral Act and Section 8(d) of Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2003. Accusation is that in course of checking. The truck loaded with sand as detailed at Serial No.5 in the F.I.R.was found over loaded with sand.
Learned counsel appearing on behalf of the petitioner submits that the petitioner is the owner of the truck bearing
Patna High Court Cr.Misc. No.29169 of 2018 (2) dt.10-05-2018 2/2 Registration No.BR 014B 5877 as detail at Serial No.5 in the F.I.R. which is said to be over with sand. The petitioner had no knowledge about over loading sand on his truck and he has no criminal antecedent.
Having considered the facts and the circumstances of the case, let the petitioner above named, in the event of her arrest or surrender before the court below within six weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the A.C.J.M., Hilsa, Nalanda, in Islampur P.S. Case No.75 of 2018 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) AnilKrSinha/- U