Ramesh Kumar Singh @ Ramesh Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16293 of 2018 Arising Out of PS.Case No. -33 Year- 2018 Thana -NABINAGAR District- AURANGABAD ======================================================

1. Ramesh Kumar Singh @ Ramesh Singh son of Late Rajkishore Singh resident of village - Badem, P.S. - Badem, O.P. - Nabinagar, District - Aurangabad.

2. Shatrudhan Singh @ Shatrughan Singh Son of Late Shyam Sunder Singh resident of Village - Urdana, P.S. - Badem, O.P. - Nabinagar, Distt. - Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar Singh For the Opposite Party/s : Mr. Sri Murlidhar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-04-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with Badem (O.P.) Nabinagar P.S. Case No. 33/2018 registered for the offences punishable under Sections 379/411of the Indian Penal Code and Section 3/4/5 of the Bihar Illegal Mining Act. Learned counsel for the petitioners submits that only on suspicion, the petitioners' vehicle was apprehended and it was suspected that it was being used in the act of illegal mining. He further submits that Annexure-2 clearly shows that they had a valid challan for transportation of such sand and there was no

Patna High Court Cr.Misc. No.16293 of 2018 (2) dt.05-04-2018 2/2 question of illegal mining. It is only on the basis of the suspicion that that the petitioners have been named in the First Information Report. Learned counsel for the petitioners further submits that these petitioners are owner-cum- driver of the vehicle in question. Considering the entire facts and circumstances of the case and that the petitioners were having a valid challan, let the petitioners in the event of their arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the each amount to the satisfaction of the learned A.C.J.M., I, Aurangabad in connection with Badem (O.P.) Nabinagar P.S. Case No. 33/2018, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T