Pintu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72682 of 2019 Arising Out of PS. Case No.-168 Year-2019 Thana- RAJAON District- Banka ====================================================== PINTU KUMAR Son of Dewan Yadav Resident of Village - Parnathpur, P.S.- Amarpur, Distt - Banka.
... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Principal Secretary Cum Commissioner, Department of Mines @ Geology Government of Bihar, Patna. Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhirendra Kumar, Adv.
For the Mines :
Mr. Naresh Dikshit, Spl.P.P.
Mrs. Kalpana, Adv.
For the State :
Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 03-02-2020 Heard both sides.
The petitioner apprehends his arrest in Rajoun P.S. Case No.168 of 2019 registered under Sections 379, 411 of the Indian Penal Code and 40(B) B.M.M.C. Rule 1972, 21(i),21(4) MMCD and RD Act 1957, and 15 Forest & Environment Act, 1986.
The tractors of the petitioner loaded with sand were seized.
The learned counsel for the petitioner submits that petitioner was carrying only 100 cft. sand and they are ready to pay the fine for recovery of 100 cft. sand. Petitioner has no criminal antecedent.
Patna High Court CR. MISC. No.72682 of 2019(2) dt.03-02-2020 2/2 Taking into consideration the fact that petitioner is ready to deposit the fine assessed by the Mining Department within three months, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka or where case is pending in connection with Rajoun P.S. Case No.168 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. If the petitioners fail to pay the fine of 150 cft. Sand within three months, learned court below shall cancel the bail bonds of the petitioners immediately thereafter. (Arvind Srivastava, J) Prakash Narayan /- U T