Anand Mohan And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.17707 of 2018 (2) dt.05-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17707 of 2018 Arising Out of PS.Case No. -30 Year- 2018 Thana -NASRIGANJ District- SASARAM (ROHTAS) ======================================================

1. Anand Mohan, Son of Siya Ram Prasad, Resident of Village- Katesar, Aminabad, P.S.- Bihta, District- Patna.

2. Raj Kishor Yadav, Son of Sumeshwari Yadav, Resident of Maghar, Khalilabad, Sant Kabir Nagar, P.S.- Semari, District- Balia (U.P.)

3. Mukesh Kumar, Son of Siya Ram Prasad, Resident of Village- Katesar, Aminabad, P.S.- Bihta, District- Patna.

4. Shyam Narayan Yadav, Son of Ramakant Yadav, Resident of VillageShivpur, Diyar Byasi, P.S.- Kotwali, District- Balia (U.P.)

5. Sarfaraj Sah, Son of Zamiullah Sah, Resident of Village- Manpur, Bandhinagar, P.S.- Balia, District- Balia (U.P.)

6. Hari Shankar, Son of Amardeo Ram, Resident of Village- Ashapur, P.S.- Sarnath, District- Varanasi (U.P.) .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajani Kant Singh For the Opposite Party/s : Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-04-2018 Heard both sides.

The petitioners apprehend their arrest in Nasriganj P.S. Case No.30 of 2018 registered under Section 379 of the Indian Penal Code and Section 40(i) of Bihar Miner Mineral Concession Rule, 1972.

The informant alleged that he intercepted three trucks bearing registration No.BR 01GC-6709, BR01GC-1826 and UP60T-5051. They were overloaded with sand.

Patna High Court Cr.Misc. No.17707 of 2018 (2) dt.05-04-2018 The learned counsel for the petitioners submits that petitioners are owner and driver of the trucks. They were carrying the trucks with valid challan but the officials of the Mines Department intercepted the trucks.

Considering the facts aforesaid and the nature of allegation made against the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Lal Bihari Paswan, learned Judicial Magistrate 1st Class, Bikramganj, District-Rohtas in connection with Nasriganj P.S. Case No.30 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T