Satyendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24693 of 2018 Arising Out of PS.Case No. -95 Year- 2018 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) ======================================================

1. Satyendra Kumar S/o Sukhdev Yadav resident of Village Jagdishpur Tiyari, P.S. Noorsarai District Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Hansraj For the Opposite Party/s : Mr. Sri Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-06-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Giriyak P.S.Case no.95 of 2018 , registered for offences punishable under Sections 4/40 of Bihar Minerals Concesiosns Rules, 1972 and Section 8 (D) of Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2003. Allegation against the petitioner as per FIR is that the Tractor fo the petitioner was intercepted with loaded sand and no valid licence was shows for that.

Submission of the learned counsel for the petitioner is that he is owner and he had given it on hire basis and he has nothing to do with the seized sand.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.24693 of 2018 (4) dt.22-06-2018 2/2 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 ACJM I, Biharsharif in connection with Giriak P.S.Case no.95 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T