Shardananda Rai @ Sharda Nand Rai @ Sharda Nand Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9765 of 2024 Arising Out of PS. Case No.-168 Year-2023 Thana- SANGRAMPUR District- East Champaran ====================================================== Shardananda Rai @ Sharda Nand Rai @ Sharda Nand Ray Son of Chandradeo Ray R/o vill - Bhawanipur, ward no. 1, P.S. - Sangrampur, distt.- East Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Additional Chief Secretary cum Mines Commissioner Mines and Geology Dept., Gov. of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Ranjan For the Opposite Party/s :
Mr.Uday Chand Prasad Mr.Naresh Dikshit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-04-2024 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in a case registered for offence under Sections 379, 411 of the Indian Penal Code, Rule 56 of the Bihar Minerals (Concession, Prevention of illegal Mining, Transportation and Storage) Rules and Section 4, 21 of the Mines and Minerals (Development and Regulation) Act, 1957.
3. Allegation against petitioner is that he alongwith other persons, named in the F.I.R., stocked white sand illegally without licence, due to which, Government suffered huge loss.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.9765 of 2024(3) dt.29-04-2024 2/2 petitioner has been falsely implicated in this case. Petitioner has got no concern with the seized white sand, rather it was kept by concerned contractor for flood purpose. Similarly situated four co-accused persons have already been granted anticipatory bail by a coordinate Bench of this Court, vide order dated 04.01.2024 passed in Cr.Misc. No. 57009 of 2023 (Annexure P/6).
5. Learned counsel for the opposite parties vehemently opposed the bail petition.
6. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran, Motihari in connection with Ssangrampur P.S. Case No. 168 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay U T