Nawal Mahto @ Nawal Kishor Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12824 of 2022 Arising Out of PS. Case No.-11 Year-2022 Thana- SURYAGARHA District- Lakhisarai ====================================================== NAWAL MAHTO @ NAWAL KISHOR MAHATO Son of Late- Babulal Mahto Resident of Village - Patelpur, P.S. - Surajgarha, District - Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest for the offences alleged under Section 379/411 of the Indian Penal Code, and Section 21MM(D&R) Act 1975 and Rule 56(2) BM (CRI MTS) Rule 2019, registered in connection with Surajgarha P.S.Case No. 11 of 2022.

As per allegation, illegally mined stone chips were recovered from the place of occurrence.

The learned counsel for the petitioner has submitted that the land wherefrom stone chips were recovered is not belonging to the petitioner. The petitioner has not claimed those stone chips. He has submitted further that no any case of similar nature is pending against the petitioner.

Patna High Court CR. MISC. No.12824 of 2022(2) dt.21-09-2022 2/2 Considering the above facts and circumstances, let the petitioner above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Surajgarha P.S.Case No. 11 of 2022, subject to the conditions as laid down under Section 438(2) Cr. P.C. The learned court below shall verify the criminal antecedent of the petitioner and if it is found that there is any other case pending against the petitioner of similar nature, the learned court below shall be at liberty to cancel his bail bond.

Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T