Pawan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7848 of 2022 Arising Out of PS. Case No.-188 Year-2021 Thana- GANGABRIDGE District- Vaishali ====================================================== Pawan Rai Son Of Vijay Rai Resident Of Village- Tersiya, P.S- Gangabridge, Dist- Vaishali (BIHAR) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 353, 224, 225, 332, 427, 504, 379 and 411 of the Indian Penal Code and Sections 56/39(3) of the Bihar Minerals (Concession and Prevention of Illegal Mining, Transportation and Storage) Act, 2019.

Allegation against the petitioner and other accused persons is that they illegally storage of sand from the bank of Ganga as a result of which, huge loss of state exchequer and the FIR has been lodged against 300 unnamed and 10 named persons.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.7848 of 2022(2) dt.08-08-2022 2/2 that the petitioner has falsely been implicated in this case. He further submits that nothing on the record to suggest that storage was verified physically and the allegation is baseless. Petitioner has clean antecedent. He further submits that similarly situated co-accused persons have been granted anticipatory bail by this Court passed in Cr. Misc. No. 6955 of 2022.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Vaishali at Hajipur in connection with Gangabridge P.S. Case No. 188 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T