Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12026 of 2023 Arising Out of PS. Case No.-684 Year-2022 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Rahul Kumar Son Of Shivraj Sharma R/V- Sabdalpur, P.S.- Makhdumpur, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Adv.

Mr. Lakshmi Kant Sharma, Adv.

For the State :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-05-2023 Heard learned senior counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 379, 411, 420, 34 of the Indian Penal Code.

Allegation against the petitioner is of excavating and keeping storage of sand 15000cft illegally by violating the Provision of Mines Act.

Learned senior counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that the land in question where the sand was stored belonged to the ancestors Kritnarayan Singh son of Pratap Narayan Singh. He submits that the illegal storage

Patna High Court CR. MISC. No.12026 of 2023(3) dt.08-05-2023 2/2 of sand does not belong to the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

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 Makhdumpur P.S. Case No. 684 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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