Sajan Kumar @ Vicky v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23702 of 2021 Arising Out of PS. Case No.-242 Year-2020 Thana- SULTANGANJ District- Bhagalpur ====================================================== 1.

SAJAN KUMAR @ VICKY Son of Dip Narayan Sah 2.

NARESH CHOUDHARY Son of Sanudeo Choudhary @ Sahdeo Choudhary.

Both Resident of Village - Abjuganj, P.S.- Sultanganj, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar, Adv For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-12-2021 Let the defect (s) be removed within two weeks of the complete start of the physical Court.

Surname of the father of petitioner No.1 is permitted to be corrected.

Heard the parties.

Petitioner No.2-Naresh Choudhary has already been arrested in this case. Hence, his prayer for anticipatory bail is dismissed as infructuous.

Petitioner No.1 is apprehending his arrest in a case registered for the offences punishable under Section 379 of the Indian Penal Code and Sections 39,41 and 46 of Bihar Khanij Niyamawali, 2019.

Allegation against petitioner No.1 is of illegal mining of sand. Petitioner No.1 has got no identical criminal

Patna High Court CR. MISC. No.23702 of 2021(2) dt.02-12-2021 2/2 antecedent.

Considering the facts aforesaid, let petitioner No.1, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on 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 below where the case is pending in connection with Sultanganj P.S.Case No.242 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned court below.

(b) Petitioner No.1 shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of petitioner No.1. (c) Petitioner No.1 shall not leave the country without permission of the learned Trial Court.

(Birendra Kumar, J) Nitesh/- U T