Shailendra Kumar Jha @ Shailendra Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71639 of 2019 Arising Out of PS. Case No.-141 Year-2019 Thana- PUPRI District- Sitamarhi ====================================================== Shailendra Kumar Jha @ Shailendra Jha, son of Late Ishwarchandra Jha Resident of Village- Rampur, Tota- Shambhuta, P.S.- Aurai, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Murari Narain Chaudhary For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Pupri P.S. Case No.141 of 2019, G.R. No.431 of 2019, for the offences punishable under Sections 188, 379, 411/34 of the Indian Penal Code, Section 4/40 of the B.M.C. Act, 1972 and Section 4, 21 of M.M.D.R. Act, 1957 and Section 3, 8(a) of the P.P.I.M.T.S. Act, 2003.

The allegation against the petitioner is that J.C.B. owned by the petitioner along with three tractors were indulged in illegal mining of sand near Budhnad river.

Learned counsel appearing for the petitioner submits that the petitioner has not committed any offence in the manner alleged. Learned counsel further submits that petitioner had given the J.C.B. on hire to one contractor and and he has been implicated in this

Patna High Court CR. MISC. No.71639 of 2019(2) dt.11-12-2019 2/2 case merely on the basis of the fact that he happens to be the owner of the J.C.B., in question. Learned counsel further submits that from perusal of the First Information Report, no offence under Section 379 and 411 of I.P.C. are made out.

After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that the petitioner is the owner of the J.C.B. and the same was given on hire to one contractor, Sanjeev Kumar, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.25,000/- (Twenty Five thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Pupri, Distt-Sitamarhi, in connection with Pupri P.S. Case No.141 of 2019, G.R. No.431 of 2019, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T