Bijendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84573 of 2019 Arising Out of PS. Case No.-273 Year-2019 Thana- BARUN District- Aurangabad ====================================================== 1.

Bijendra Kumar S/o Mundrika Singh Resident of Village- Kans Yojiya, P.S.- Barun, Dist- Aurangabad.

2.

Sumeshwar Singh S/o Bhuneshwar Singh Resident of Village and P.S.- Rajpur, Distt- Rohtas.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The principal Secretary, Department of Mines and Mineral, Bihar, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr.Ashraf Ansari, APP For the Mines :

Mr. Naresh Dikshit, Spl. PP Mines Ms. Vaishnavi Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-12-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 379/411/34 of the Indian Penal Code, Sections 11/56 of Bihar Miner Mineral Concession Rules, 1972 and Section 15 of Environment Protection Act.

Allegation is that the petitioners were carrying sand without having proper licence.

Submission is that the recovered material was soil for

Patna High Court CR. MISC. No.84573 of 2019(2) dt.19-12-2019 2/2 filling the earth in front of the house of the petitioners. Considering the nature of allegation, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Barun Police Station Case No.273 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Mkr./- U T