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Patna High CourtCR. MISC./10334/2024allowed

Ramdhani Mahto v. The State Of Bihar

2024-02-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10334 of 2024 Arising Out of PS. Case No.-240 Year-2021 Thana- LADANIA District- Madhubani ====================================================== Ramdhani Mahto S/O Ramvilas Mahto R/O Village- Bhutha, Ps.- Ladaniya, Dist. Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav Mr. Ravi Prakash For the Opposite Party/s :

Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 379, 411 of the Indian Penal Code, Section 21 of the M.M.D.R. Act, Section 15 EPA 1986 and Section 56 (a) B.M. (CPIMT and S) Act, 2019.

3. As per FIR, there is allegation that one JCB and four tractors was indulged in illegal mining of the sand and the petitioner is the owner of one tractor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner has been made accused in this case because he is owner of the tractor bearing registration no. BR32GA6034. He submits that the petitioner has no

Patna High Court CR. MISC. No.10334 of 2024(2) dt.22-02-2024 2/2 knowledge regarding the illegal business of sand because driver of the petitioner taken the said tractor. He further submits that petitioner has criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Ladaniya P.S. Case No. 240 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T