Birendra Nath Prajapti @ Virendra Prajapti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5254 of 2022 Arising Out of PS. Case No.-133 Year-2021 Thana- RAJPUR District- Buxar ====================================================== 1.

BIRENDRA NATH PRAJAPTI @ VIRENDRA PRAJAPTI S/o Roop Chand Prajapati R/o Village Niyanv, P.S. - Virna, District - Ghazipur (Uttar Pradesh).

2.

DURGA VIJAY RAM S/o Girdhari Lal Ram R/o Village Biwipur, P.S. - Virna, District - Ghazipur (Uttar Pradesh).

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Mohit Shriwastava For the Opposite Party/s:

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-08-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioners as well as the learned APP for the State.

The petitioners apprehend their arrest in connection with Rajpur P.S. Case No. 133 of 2021, registered for the offences punishable under Sections 379, 411 of the Indian Penal Code and 56 (2), 56 of Bihar Minor Minerals and Concession Rule, 2019 and 21 M.M.D.R., Act, 1957.

Learned counsel for the petitioners has submitted that the petitioner No. 1 is owner and petitioner No. 2 is driver of a truck wherefrom allegedly illegal mined sand was recovered. Learned counsel has submitted further that the petitioners are the persons of

Patna High Court CR. MISC. No.5254 of 2022(2) dt.23-08-2022 2/2 clean antecedents. They have deposited the compounding fine. In this respect, Annexure-2 had been filed. He has also submitted that on similar footing some co-accused persons have been granted anticipatory bail in Cr. Misc. No. 114 of 2022. Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Rajpur P.S. Case No. 133 of 2021, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T