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Patna High CourtCR. MISC./75907/2018allowed

Bateshwar Sharma v. The State Of Bihar

2018-12-19Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75907 of 2018 Arising Out of PS. Case No.-394 Year-2017 Thana- SULTANGANJ District- Bhagalpur ====================================================== Bateshwar Sharma Son of Kamleshwari Sharma @ Kamleshwari Mistri Resident of Village-Bishanpur Narayanpur,P.S. Bihpur,Distt.-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-12-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Sultanganj P.S. Case No. 394 of 2017 for the offences under Section 379 of the Indian Penal Code and Section 5 of Bihar Mine Mineral Rules, 2017.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has no criminal antecedent. The petitioner has been made accused in the instant case as is the owner of Tractor bearing Registration No. BR-10GA 1279 which was loaded with white sand. Learned counsel for the petitioner further submits that he has no knowledge about the loading of white sand on the Tractor.

Considering the totality of the facts situation, let the

Patna High Court Cr.Misc. No.75907 of 2018(2) dt.19-12-2018 2/2 petitioner above named, in the event of arrest or surrender within one month from today, 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 the Court of learned Additional Chief Judicial Magistrate 1st, Bhagalpur in connection with Sultanganj P.S. Case No. 394 of 2017, subject to the conditions as laid down under Section 438 Cr.P.C. (Anil Kumar Upadhyay, J) mdrashid/- U T