Patna High CourtCR. MISC./34953/2018bail granted

Vivek Kumar v. The State Of Bihar

2018-07-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34953 of 2018 Arising Out of PS.Case No. -85 Year- 2018 Thana -BARUN District- AURANGABAD ======================================================

1. Vivek Kumar S/o Sohrai Singh, Resident of Mohalla- Pali Road (Dehri), P.S.- Dehri, District- Rohtas (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-07-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Barun P.S. Case No.85 of 2018, registered for offences punishable under Sections 379, 411, 420 and 34 of the Indian Penal Code, 4/40 of Bihar Mineral Rules and 15 of Environment Protection Act.

Allegation against the petitioner is that according to FIR is that police seized 31 tractors which were found laden with sand which is illegal mining and trafficking of sand. Some driver of the tractor was trying to unload the sand but in vain, however, the drivers of the tractor succeeded in fleeing away. Submission of the learned counsel for the petitioner is that petitioner has been made accused only because his motorcycle was

Patna High Court Cr.Misc. No.34953 of 2018 (2) dt.06-07-2018 2/2 recovered from the place of occurrence and no allegation of that he was extracting sand.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/-(Twenty Five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad (Bihar), in connection with Barun P.S. Case No.85 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sanjeev/- U T