Jitendra Kumar Chaurasiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14342 of 2025 Arising Out of PS. Case No.-472 Year-2023 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Jitendra Kumar Chaurasiya Son of Yogendra Chaurasiya Resident of VillageBhairopur, P.S.- Doriganj , District- Saran at Chapra (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Mining Inspector, District Mines Office, Saran at Chapra (Bihar) Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar, Adv.

For the Opposite Party/s :

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Chapra Muffasil P.S. Case No. 472 of 2023 dated 18.06.2023 registered for the offences punishable under Section 353 of the I.P.C., Section 21 of M.M.D.R. Act, 1957 and Section 56 of Bihar Mineral Concession, Prevention of Illegal Mining, Transportation and Storage Amendment Rule, 2019.

3. As per the prosecution case, some of the members of illegal sand traffickers gang trailed the informant who was going to bring B-SAP 15 Force, stationed at High School, Mala, (Chapra). When the informant on his vehicle tried to apprehend

Patna High Court CR. MISC. No.14342 of 2025(2) dt.09-05-2025 2/3 them, they fled leaving their Motorcycles, which were seized and a case is registered against the owners of the seized vehicles.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. The petitioner is the owner of one of the seized Motorcycles but prior to the present occurrence, the petitioner sold his motorcycle to one jawahir Yadav. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged offence. The co-accused person has already been granted regular bail by this court vide order dated 09.11.2023 passed in Cr. Misc. No. 72289/2023. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned,

Patna High Court CR. MISC. No.14342 of 2025(2) dt.09-05-2025 3/3 Saran at Chapra in connection with Chapra Muffasil P.S. Case No. 472 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T