Indrajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.549 of 2020 Arising Out of PS. Case No.-65 Year-2018 Thana- PATORI District- Samastipur ====================================================== 1.

Indrajeet Kumar S/o Ram Vilash Rai R/o village- Surauli, P.S.- Bibhutipur, District- Samastipur 2.

Basant Rai S/o Sonelal Rai R/o village- Virnama, P.S.- Angarghat, DistrictSamstipur ... ... Petitioners

Versus

The State of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Jay Prakash Sharma, Advocate For the Opposite Party :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-02-2020 Heard learned counsel for the petitioners as well as learned counsel for the State.

Petitioners apprehend arrest in a case registered for the offences punishable under Section 379 of the Indian Penal Code and under section 40 of the Bihar Mining Mineral Act and section 15 of th Environment Protection Act.

Police seized two trucks and a tractor loaded with white Gangetic sand, while drivers of the vehicle managed to escape.

Learned counsel for the petitioners submits that the petitioners are drivers of the aforesaid trucks and they were under the obligation to carry on goods being unaware of the nature and status of the loaded goods. Petitioners have got no criminal antecedent.

Considering the facts of the case, let the petitioners, above named, in the event of arrest/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

Patna High Court CR. MISC. No.549 of 2020(2) dt.19-02-2020 2/2 Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in Shahpur patori Police Station Case No. 65/2018 on the following conditions:-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T