Manchan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22381 of 2021 Arising Out of PS. Case No.-90 Year-2020 Thana- PHULPARAS District- Madhubani ====================================================== MANCHAN SAH Son of Ramnandan Sah Resident of Ward No. 8, Kalipur, P.S.- Ghoghardiha, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Shubham For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-01-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Phulparas P.S. Case no. 90 of 2020 instituted for the offence under Section 379 of the Indian Penal Code and Section 56(1) of the Bihar Minerals Concession Prevention of Illegal Mining Transportation and Stroage Act 2019 abnd Section 15 of Environment Protection Act, 1986..

As per allegation in the FIR, the matter relates to illegal mining. Three loaded tractors with sand has been seized.

Patna High Court CR. MISC. No.22381 of 2021(3) dt.03-01-2022 2/2 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner is driver of the alleged tractor and owner of the said vehicle has already been granted anticipatory bail by the court below. He has got no criminal antecedent. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Phulparas P.S. Case no. 90 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM II, Jhanjharpur, Distt. Madhubani subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U