Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
Hon'ble ARVIND SRIVASTAVA, J.
Rameshwar Mahto & Ors.
Versus
State of Bihar
Cri. Misc. No. 15460 of 2017. Decided on 18th April, 2017.
Mines and Mineral (Development & Regulation) Act, 1957 – Section 21(1)(2) – Indian Penal Code, 1860 – Section 379 – Criminal Procedure Code, 1973 – Section 438 – Illegal mining – Anticipatory bail – Counsel appearing on behalf of petitioners submits that petitioners have falsely been implicated in this case with ulterior motive – It is also submitted that they have valid documents with regard to alleged vehicle – Further submission of Counsel for petitioners is that as per Sections 22 and 23A of Bihar Mines & Mineral (Development & Regulation) Act, 1957, only complaint can be lodged and offence is compoundable – Anticipatory bail granted. (Paras 3 and 4)
ORDER
Heard learned counsel for the petitioners and the learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Baisi P.S. Case No. 223 of 2016 registered under Sections 379 of the Indian Penal Code and 21 (1)(2) of the Mines and Mineral (Development & Regulation) Act.
3. Learned counsel appearing on behalf of the petitioners submits that petitioners have falsely been implicated in this case with ulterior motive. It is also submitted that they have valid documents with regard to the alleged vehicle. Further submission of learned counsel for the petitioners is that as per sections 22 and 23A of Bihar Mines & Mineral (Development & Regulation) Act, 1957, only complaint can be lodged and the offence is compoundable.
4. Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the C.J.M., Purnea in connection with Baisi P.S. Case No. 223 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
SupremeToday
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
