Md. Islam Ansari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22856 of 2018 Arising Out of PS. Case No.-63 Year-2018 Thana- BIKRAMGANJ District- Rohtas ======================================================

1. Md. Islam Ansari, S/o Late Abdul Hakim Ansari, resident of Village-Salempur, P.S.-Bikramganj, District-Rohtas.

2. Sunil Ram, S/o Ram Nath Ram resident of Village-Dharupur, P.S. - Bikramganj, District-Rohtas.

... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Smt. Anita Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 26-04-2018 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Bikramganj P.S. Case No.63 of 2018, registered for the offence punishable under Section 379 of the Indian Penal Code and under Section 40(VII) of the Bihar Minor Mineral Concession Rules, 1972.

A tractor loaded with sand was seized and it was found that the sand was of illegal mining.

Learned counsel for the petitioners submits that petitioner no.1 is the owner of the vehicle and petitioner no.2 is the driver of the vehicle. He further submits that the petitioners have taken the sand from authorized licence holder.

Patna High Court Cr.Misc. No.22856 of 2018(2) dt.26-04-2018 2/2 In such view of the matter, let the above-named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the A.C.J.M. Bikramganj, District- Rohtas, in connection with Bikramganj P.S. Case no.63 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioners for the purposes of investigation and interrogation, they will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.

(Shivaji Pandey, J) pawan/- U T