Patna High Court granted anticipatory bail to the petitioner, a tractor driver accused of illegal mining and theft, subject to furnishing bail bonds and bonds within four weeks of arrest or surrender.
Petitioner released on anticipatory bail on furnishing Rs. 10,000 bond with two sureties within four weeks of arrest or surrender.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6651 of 2021
Arising Out of PS. Case No.-261 Year-2020 Thana- HISUWA District- Nawada
====================================================== Santosh Kumar S/o Kapil Yadav R/o Village- Panchi Panseha, P.S.Sheikhpura Sarai, District- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Deo Raj For the Opposite Party/s : Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 03-12-2021
Heard learned counsel for the petitioner and
learned APP for the State.
Learned counsel for the petitioner is expected
to honour his undertaking given in the instant case for
depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 379 of the Indian Penal Code, Section 21 of
the Mines and Mineral (Development and Regulation) Act, 1957, Section 15 of the Environment (Protection)
Patna High Court CR. MISC. No.6651 of 2021(2) dt.03-12-2021 2/3
Act, 1986, Rule 56 of Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules.
The prosecution case as per F.I.R is that the informant being Assistant Director, Mines Department along with the police personnel conducted the raid and found the vehicles to be loaded with illegal sand.
It is submitted by learned counsel for the petitioner that petitioner is driver of the tractor and works on the direction of the owner of the tractor. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada
Patna High Court CR. MISC. No.6651 of 2021(2) dt.03-12-2021 3/3
in connection with Hisua P.S. Case No. 261 of 2020,
subject to the conditions as laid down under Section
438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J)
Shageer/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail given he apprehends arrest for offences under Section 379 IPC and illegal mining statutes.
3 provisions across 3 enactments
Santosh Kumar
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
