In a bail application, the Patna High Court granted bail to the petitioner who was apprehending arrest in connection with illegal mining charges under the IPC and Mining Act.
Petitioner released on bail with a bond of Rs. 10,000 and two sureties of like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30419 of 2017
Arising Out of PS.Case No. -865 Year- 2016 Thana -BIHTA District- PATNA
====================================================== Harvinder Pal Singh Chadha Son of Sri Sardar Singh Chadha, resident of house No. 45 near Stadium Road, Defence Colony, Patiala, P.S. Patiala, District Patiala, State of Punjab, Pin Code No. 1470001, India
.... .... Petitioner
Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Opposite Party/s : Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
2 07-07-2017 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in connection with a case registered under Sections 147, 149, 379, 120B of the Indian Penal Code and 39, 40 and 41 of Mining Act.
Allegation in brief is that this Poklene Machine being used at the bank of Sone river was seized while doing illegal mining of sand by some persons, who are also named in the F.I.R.
It is submitted on behalf of the petitioner is that this petitioner is only owner of that Poklene Machine, in fact, prior to which lodged of the F.I.R. by written agreement it was leased to accused Pintu Kumar so he is not concerned with mining of the sand by Poklene Machine and he resides at Patiala in Punjab, so except he had given on lease the Poklene Machine to Pintu another accused there is no other material
Patna High Court Cr.Misc. No.30419 of 2017 (2) dt.07-07-2017
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against him. This petitioner has got no criminal antecedent.
Having considered the said facts and circumstances, in the event of arrest/surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner, namely, Harvinder Pal Singh Chadha be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Danapur, Patna in connection with Bihta P.S. Case No.865 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Arun Kumar, J)
N.H./-
U T
1 issue framed by the court
Whether the petitioner should be released on bail apprehending arrest in connection with illegal mining charges.
1 provisions across 1 enactments
Harvinder Pal Singh Chadha
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
