{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3623 OF 2009 Samadhan @ Anand s/o Subhash Khillare Age-23 years, Occ-Driver R/o Satkar Nagar, Jalna Dist-Jalna APPLICANT VERSUS 1. The State of Maharashtra Through Police Station, Bhokardan Dist-Jalna 2. The Superintendent of Police Jalna, Dist-Jalna RESPONDENTS ....... Mr.S.J.Salunke, Advocate for applicant Mrs.Yogita M.Kshirsagar, APP for the respondents State ....... [CORAM : A.V.POTDAR, J.] DATE: 16th November 2009 PER COURT: 1. By the present application, the applicant has prayed to release him on anticipatory bail in the event of his arrest in connection with CR No.76/2009 registered with Bhokardan police station for an offence punishable u/s 379 r/w 34 of the Indian Penal Code. {2} 2. Heard learned counsel for the applicant followed by the submissions of the learned APP. 3. It appears that this Court has granted interim protection to the applicant vide order dated 15th October 2009. 4. It also appears that an offence came to be registered vide crime No.76/2009 on the complaint of one Prakash Sabale, an employee of the Tahsil office on the allegation of unauthorized excavation of sand from the sand spot at Nalini from river bed Purna . 5. During the course of submissions my attention is drawn by the learned counsel for the applicant towards the letter addressed by the Collector, Jalna to the Tahsildar, Bhokardan in respect of permission to excavate sand, in view of auction of the sand spot at Deulgaon Tad in the river bed Girija. The receipt which was with the applicant at the time of transportation of the sand shows that the same was issued on 8th May 2009 for transportation of two brass sand in vehicle No.MH-21/D-9479 and the name of the driver is shown as Samadhan Khillare, who is the present applicant. It is not disputed that the applicant was the driver of the vehicle which was transporting the sand from the said sand spot under the said receipt. If it is so then the applicant deserves liberty. {3} 6. In the result, the application is allowed. The interim protection already granted is extended for a further period of 4 weeks from today, within mean time the applicant may apply for regular bail before the competent court of law. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/criapln3623-09