Rama Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82229 of 2019 Arising Out of PS. Case No.-24 Year-2019 Thana- KALER District- Jehanabad ====================================================== RAMA SHANKAR KUMAR Son of Janeshwar Singh Resident of Village - Kera, P.O.- Shamsher Nagar, P.S.- Daud Nagar, Distt.- Aurangabad. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Bihar Mines and Geology Department, Govt. of Bihar, through Inspector, Mines and Minirals, Bihar, Arwal Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Singh For Mines Mr. Naresh Dikshit, Adv. For the Opposite Party/s :

Mr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner, learned counsel for Bihar Mines and Geology Department, Bihar and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Kaler P.S. Case No. 24 of 2019, registered for the offence punishable under sections 379, 411 and 34 of the Indian Penal Code, Rules 4 and 40 of the Bihar Mines Mineral Concession Rule, 1972 and Rules 4, 6 and 8 of the Illegal Mining Storage and Transportation Rules, 2003.

As per allegation in the F.I.R., It is stated that 110 cubic ft. of illegally mined sand is stated to have been recovered

Patna High Court CR. MISC. No.82229 of 2019(2) dt.18-12-2019 2/3 from the tractor of the petitioner which was being driven by one Pintu Kumar.

It is submitted by learned counsel for the petitioner that he has brought on record the challan for carrying the said sand as Annexure-3 to this petition. It is further submitted that in any case the tractor was being driven by his driver Pintu Kumar and he was not at the so called place of occurrence. The petitioner has no criminal antecedent.

It is submitted by learned counsel for Bihar Mines and Geology Department that on many occasions one challan is being used a number of times.

Having heard learned counsel for the parties and taking into consideration the fact that on perusal of the challan as also the time of seizure of the sand in the FIR, it transpires that the challan was for the said date and time and petitioner has no criminal antecedent, the Court is inclined to grant bail to the petitioner. The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or surrender, he shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal in connection with Kaler P.S.

Patna High Court CR. MISC. No.82229 of 2019(2) dt.18-12-2019 3/3 Case No. 24 of 2019, subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) sushma/- U T