Dharmendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72208 of 2019 Arising Out of PS. Case No.-334 Year-2019 Thana- RAJAON District- Banka ====================================================== DHARMENDRA SINGH Son of Bharat Singh Resident of Village - Nurudinapur, P.S.- Jagdishpur, Distt - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar, Adv.

For the Opposite Party/s :

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Rajoun P.S. Case No. 334 of 2019, registered under Sections 379 and 411 of the Indian Penal Code, 40 of the Bihar Minor Minerals Concessions Rules, 1972, Section 8 of BPIN Rule, 2003, Section 21 of MMRD, 1957 and Section 15 of the Forest and Environment Protection Act, 1986.

The accusation is that in course of patrolling duty, one tractor, bearing registration no. BR-10GA-1278, attach with trailer, bearing registration no. BR-10G-6248, was found coming from the Chanan Nadi loaded with sand. On giving the signal to stop the tractor, the driver succeeded to flee away

Patna High Court CR. MISC. No.72208 of 2019(2) dt.05-02-2020 2/2 parking the tractor, attached with trailer. On trailer 100 cft sand, illegally extracted, was found loaded. Near the place, where the tractor was seized, 1200 cft sand was also found stored. The people, present there, disclosed that the sand is collected there by Ravindra Yadav and Uttam Yadav.

Submission is that petitioner is not named in the first information report. In course of investigation the petitioner has been implicated in this case, being the driver of the tractor. 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 Rajoun P.S. Case No. 334 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 Chief Judicial Magistrate, Banka, 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