Md. Jamil Uddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68393 of 2019 Arising Out of PS. Case No.-521 Year-2019 Thana- BANKA District- Banka ====================================================== Md. Jamil Uddin, aged about 43 years, male, Son of Md. Najir Uddin, Resident of Village Imampur, P.S. Habibpur, District Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Assistant Director, Mines and Geology Department, Banka. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-12-2019 Heard both sides.

Petitioner apprehends his arrest in Banka (Barahat) P.S. Case No.521 of 2019, registered under Sections 379 and 411 of the Indian Penal Code, under Sections 4 and 40 of the B.M.M.C. Rules, 1972 and under Section 8(a) of the Bihar Minerals & Prevention Act, 2003.

Truck of the petitioner was intercepted. It was found that the truck was loaded with sand and no valid paper was found.

Learned counsel for the petitioner submits that the petitioner is the owner of the truck. It was the driver who was plying the truck after loading sand.

Taking into consideration the facts and nature of

Patna High Court CR. MISC. No.68393 of 2019(2) dt.18-12-2019 2/2 allegation made against the petitioner, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, 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 the learned C.J.M., Banka in connection with Banka (Barahat) P.S. Case No.521 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) S.KUMAR/- U T