Krishnandan Singh @ Kishu Singh @ Krishna Nandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9151 of 2022 Arising Out of PS. Case No.-29 Year-2021 Thana- DEEPNAGAR District- Nalanda ====================================================== KRISHNANDAN SINGH @ KISHU SINGH @ KRISHNA NANDAN SINGH Son of Late Raghu Singh Resident of Village- Pawa, P.S.- Deepnagar, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 147, 149, 341, 379, 353 and 188 of the Indian Penal Code, sections 4, 21 and 22 of the MM.D.R. Act, 1957 and Rule 56 of the Bihar Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2019.

The prosecution case in short is that the accused persons were involved in illegal mining of sand and made huge loss to the government exchequer.

It has been submitted on behalf of the petitioner that the

Patna High Court CR. MISC. No.9151 of 2022(2) dt.29-03-2022 2/2 petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The matter relates to illegal mining of sand. The name of the petitioner has transpired on the basis of disclosure made by the local residents. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. There is no recovery of any incriminating articles from the possession of the petitioner. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve 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 Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Deepnagar P.S. Case No. 29 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T