Anil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13864 of 2019 Arising Out of PS. Case No.-1015 Year-2018 Thana- BIHTA District- Patna ====================================================== ANIL RAI son of Lal Chand Rai Resident of Haldi Chapra, Badal Tola, P.S. Maner, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Verma For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-03-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bihta P.S. Case No. 1015 of 2018 registered for the offence punishable under Sections 307, 353 and 34 of the Indian Penal Code, Sections 4 & 40 of the Bihar Minor Mineral Concession Rules, 1972, Sections 3, 6 & 8 of the Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2003 and Section 27 of the Arms Act.

The allegation is regarding the informant along with other officials having found a big boat laden with illegal mining sand whereafter the Police had apprehended the same and interrogated the persons on boat and it was found that illegal mining was being conducted by one Lal Babu. It is further alleged that the Police had subsequently conducted raid at the place where the persons involved in illegal mining were staying and the said accused persons are said to have fired on the police

Patna High Court CR. MISC. No.13864 of 2019(2) dt.06-03-2019 2/2 personnel, however, 11 accused persons including the petitioner herein were arrested.

The learned counsel for the petitioner submits that neither any incriminating article has been recovered from the petitioner nor any sort of arms has been recovered from the petitioner so as to implicate the petitioner with the alleged crime. It is further submitted that the petitioner has a clean antecedent and is languishing in custody since 13.09.2018. Lastly, it is submitted that similarly situated co-accused persons have been granted bail by a coordinate Bench of this Court vide order dated 11.12.2018 passed in Criminal Misc. No. 74168 of 2018.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Danapur in connection with Bihta P.S. Case No. 1015 of 2018.

(Mohit Kumar Shah, J) S.Sb/- U T