Suresh Mahto And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.34525 of 2018 (2) dt.02-07-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34525 of 2018 Arising Out of PS.Case No. -113 Year- 2018 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Suresh Mahto S/o Late Raghunath Mahto
2. Nanhaki Mahto @ Nand Kishore Mahto S/o Ram Chandra Mahto Both resident of Village- Misrawali, P.S. Chanpatiya, District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-07-2018 Heard both sides.
The petitioners apprehend their arrest in Chanpatia P.S. Case No.113 of 2018 registered under Sections 332, 333, 337, 338, 307, 379, 353, 279 of the Indian Penal Code. The informant alleged that some persons were illegally mining sand and they were transporting sand on tractors. On chase, the driver of the tractor fled away.
The learned counsel for the petitioners submits that petitioners are owner of the tractor. The driver of the tractor was plying the tractor on hire. There is no material against the petitioners to show that the petitioners were illegally mining sand. Considering the facts aforesaid and the nature of
Patna High Court Cr.Misc. No.34525 of 2018 (2) dt.02-07-2018 allegation made against the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Chanpatia P.S. Case No.113 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Saurabh/- U T