Chandrika Prasad @ Chandrika Prasad Gond v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70344 of 2019 Arising Out of PS. Case No.-94 Year-2019 Thana- BHITAHA District- West Champaran ====================================================== CHANDRIKA PRASAD @ CHANDRIKA PRASAD GOND Son of Mishri Gond Resident of Village - Jangal Naugawa, P.S.- Padrauna, Distt.- Kushi Nagar (U.P.) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey, Adv.
For the Opposite Party/s :
Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.
The petitioner seeks pre-arrest bail in connection with Bhitaha P.S. Case No. 94 of 2019, registered under Sections 379 and 411 of the Indian Penal Code and 4 and 40 of the Bihar Mining and Minerals Act, 1972.
The accusation is that in course of patrolling duty one tractor was seen, attached with trolley loaded with sand. On giving the signal to stop the tractor, the driver of the tractor succeeded to flee away by parking the tractor inside the road. On search of the trolley attached with the tractor was found filled with illegal extracted sand.
Submission is that petitioner is the owner of the
Patna High Court CR. MISC. No.70344 of 2019(2) dt.04-02-2020 2/2 tractor, which was being driven by Amrendra Rai. On the date of occurrence the driver of the tractor had gone outside for agricultural purpose, but, behind the petitioner, who is the owner of the tractor, driver loaded the sand. The petitioner has no criminal antecedent.
Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Bhitaha P.S. Case No. 94 of 2019 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, I, Bagaha, West Champaran, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.
(Rajendra Kumar Mishra, J) Shamshad/- U T