Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4957 of 2023 Arising Out of PS. Case No.-405 Year-2022 Thana- PUPRI District- Sitamarhi ====================================================== SUNIL KUMAR Son of Shyam Sundar Mishra R/o Village- Barri, P.S.- Benipatti, Distt- Madhubani-847102.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subodh Kumar, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, A.P.P.

For the Mines :

Mr. Naresh Dikshit, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the Department of Mines and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 188, 411, 379 and 34 of the Indian Penal Code and Sections 11, 56 and 15 of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation and Storage) Rules.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is willing to compound the case in terms of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation and Storage) Rules, 2019.

Patna High Court CR. MISC. No.4957 of 2023(4) dt.03-07-2023 2/2 The learned counsel appearing on behalf of the Department of Mines does not oppose the prayer of the bail. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Pupri P.S. Case No. 405 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

However, it is made clear that in the event, if the petitioner does not submit the receipt with regard to deposit of the compounding fee before the learned Trial Court, the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) GauravSinha/- U T