Patna High CourtCR. MISC./5456/2018bail granted

Rajesh Singh @ Rajesh Kumar Singh v. The State Of Bihar

2018-02-02Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5456 of 2018 Arising Out of PS.Case No. -193 Year- 2017 Thana -BARUN District- AURANGABAD ====================================================== Rajesh Singh @ Rajesh Kumar Singh, son of Late Kapil Deo Singh, Resident of Village- Rasulpur, P.S. Barun, District- Aurangabad. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sanjeet Kumar Singh, Advocate For the Opposite Party/s : Mr. Indra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 02-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Barun P.S. Case No.193 of 2017 registered under Sections 379, 411, 420, 467, 468 and 193/34 of the Indian Penal Code and Sections 3, 4 and 5 of Illegal Mines Act and Sections 75 and 80 of the Bihar Minor Mineral Rules.

It is submitted by the learned counsel for the petitioner that prior to the alleged occurrence he was admitted at Varanasi Hospital due to fracture of leg which was operated upon on 17.11.2017. The petitioner is owner of the tractor and there is no truth behind the allegation that on the alleged tractor/trailer illegally mined sand was being carried.

Patna High Court Cr.Misc. No.5456 of 2018 (2) dt.02-02-2018 2/2 Learned Special Public Prosecutor for Mines has opposed the prayer for grant of pre-arrest bail to the petitioner. Having regard to the nature of allegation and the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to 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 learned Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No.193 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T