Patna High CourtCR. MISC./76625/2019allowed

Munna Kumar @ Ramjee Sah v. The State Of Bihar

2019-11-27Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76625 of 2019 Arising Out of PS. Case No.-184 Year-2019 Thana- SURYAGARHA District- Lakhisarai ====================================================== MUNNA KUMAR @ RAMJEE SAH Son of Naresh Sao Resident of Village - Saidpura, P.S.- Surajgarha, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-11-2019 Heard counsel for the petitioner and counsel appearing on behalf of the State.

The petitioner is apprehending arrest in connection with Surajgarha P.S. Case No. 184 of 2019 for offences under Sections 148, 149, 279, 353, 337, 307, 427, 379, 411 of the Indian Penal Code and Section 4/40 of the Mineral Minor Concession Act, 1972 and 4/6/8 of Bihar Control of Prevention of illegal Mining Transportation and Storage Act, 2003 and 15 of the Environment Act, 1986.

The allegation against the petitioner is that he was involved in illegal mining of sand.

Counsel for the petitioner submits that the petitioner has no criminal antecedent. Although the petitioner has been mentioned as driver of the tractor but in fact he is

Patna High Court CR. MISC. No.76625 of 2019(2) dt.27-11-2019 2/2 neither the owner nor the driver of the tractor used for carrying sand and only on suspicion he has been made accused in the instant case.

Considering the facts that the petitioner has no criminal antecedent, the court is inclined to enlarge the petitioner on bail. Let the petitioner, above named, in the event of arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Lakhisarai in connection with Surajgarha P.S. Case No. 184 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P. C. The bailor shall be the local shopkeeper having GST registration.

(Anil Kumar Upadhyay, J) spandey/- U