Mritunjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87218 of 2019 Arising Out of PS. Case No.-130 Year-2019 Thana- RANIYATALAB District- Patna ====================================================== MRITUNJAY KUMAR S/o Surya Singh Resident of Village- Kab, P.O.- Kab, P.S.- Rani Talab, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 14-02-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Rani Talab P.S. Case No. 130/2019 registered for the offences punishable under Section 379 of the Indian Penal Code and Sections 4, 49 and 40(8) of B.M.M.C. Rules, 1972 and 8(a) of B.M. (Prevention of illegal Mining Transportation and Storage Rules) 2003.

The accusation against the petitioner is that he illegally stored sand but submission on behalf of the petitioner is that M/s Broadson Commodities Pvt. Ltd. Company had given lease to petitioner to store sand for certain period and as a matter of fact in pursuant to aforesaid lease, the petitioner had legally stored sand.

Considering the aforesaid facts and circumstances as

Patna High Court CR. MISC. No.87218 of 2019(2) dt.14-02-2020 2/2 well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within six weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st class, Danapur, Patna/ concerned court in Rani Talab P.S. Case No. 130/2019 subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Spd/- U T