Doman Ray @ Sri Bhagwan Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5457 of 2024 Arising Out of PS. Case No.-598 Year-2023 Thana- KOILWAR District- Bhojpur ====================================================== Doman Ray @ Sri Bhagwan Ray Son of Rajaram Ray R/o vill - Suraundha Colony, P.S. - Koilwar, Distt. - Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Prabhat, Advocate For the Opposite Party/s :
Mr. Murli Dhar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 379, 411/34 of the Indian Penal Code, Sections 4, 21 of Mines And Minerals (Development And Regulation) Act, 1957 and Sections 11, 56(1) and 56(2) of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2021.
3. Petitioner is alleged to be indulged in illegal mining, transportation and stocking of sand.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case only on suspicion. Petitioner is neither driver nor owner of the poclain machines in question. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposes the
Patna High Court CR. MISC. No.5457 of 2024(2) dt.17-02-2024 2/2 bail application.
6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Ara in connection with Koilwar P. S. Case No. 598 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T