Ravibhushan Prasad And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14587 of 2019 Arising Out of PS. Case No.-254 Year-2018 Thana- RAMNAGAR District- West Champaran ====================================================== 1.

Ravibhushan Prasad (Male) aged about 48 years, Son of Indrasan Prasad Resident of Village - Khairatiya (Indra Nagar) Ward no.15, P.S.- Bettiah Town, Distt.- West Champaran.

2.

Beyas Manjhi (Male) aged about 47 years, Son ofMalik Manjhi, Resident of Village - Keshariya, P. S.- Shikarpur, Distt.- West Champaran. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-03-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are seeking anticipatory bail in connection with Ram Nagar P.S. Case No. 254/2018 registered under Sections 379 of the Indian Penal Code, Rule 40(4),(5),(7) & (8) of the Bihar Minor Mineral Concession Rules, Rules 3, 4, 6 & 8 of the Bihar Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2003 Rule 21 of the Mines and Minerals (Development & Regulation) Act, 1957 and Section 15 of the Environment Protection Act, 1986. the same is pending before learned S.D.J.M. Bagaha, West Champaran.

Patna High Court CR. MISC. No.14587 of 2019(2) dt.12-03-2019 2/3 Learned counsel for the petitioners submits that these two petitioners are the owner and driver of the tractors. The allegation against them are that they had loaded Sand on their tractors illegally and unauthorizedly. Learned counsel for the petitioners submits that it is a case of false implication and similarly situated accused have been granted privilege of anticipatory bail by learned coordinate Bench of this court in several orders which have been brought on record by way of Annexure- 2, 2/A, 2/B & 2/C to this application respectively.

Learned A.P.P. for the State is present and has opposed the prayer for anticipatory bail but it is admitted at the Bar that the case of these petitioners is similarly situated with those who have been granted privilege of anticipatory bail.

In such circumstances in order to maintain uniformity in justice, this court is extending the benefit of anticipatory bail to these petitioners as well, in the event of their arrest/surrender before the court below within a period of four weeks, let the above-named petitioners be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen

Patna High Court CR. MISC. No.14587 of 2019(2) dt.12-03-2019 3/3 Thousand only) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bagaha, district - West Champaran in connection with Ram Nagar P.S. Case No. 254/2018, subject to condition that petitioners will join investigation by reporting to the Investigating Officer within a period of two weeks from today and will cooperate in course of investigation. This will be in addition to condition prescribed under Section 438(2) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J) Rajeev/- U T