Dheeraj Pandey @ Dhiraj Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15272 of 2022 Arising Out of PS. Case No.-224 Year-2021 Thana- KOILWAR District- Bhojpur ====================================================== Dheeraj Pandey @ Dhiraj Pandey Son Of Satendra Pandey @ Satyendra Kumar Pandey, R/O Village- Panchrukhiya Kala, P.S.- Koilwar, DistrictBhojpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr.Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-07-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Koilwar P.S. Case No. 224 of 2021 lodged under Sections 379, 414 and 406 of the Indian Penal Code, Sections 11, 56 (1) of BMMC Rules, 2019 and Section 15 of E.P. Act, 1986. As per the F.I.R., the allegation against the petitioner is that he was involved in the illegal mining and transport of sand, which is an offence under the different clause mentioned in the F.I.R.

Learned counsel for the petitioner submits that petitioner is innocent, he has not caught on the spot and his name has figured in this case on the confessional statement of

Patna High Court CR. MISC. No.15272 of 2022(2) dt.06-07-2022 2/2 co-accused Mithlesh Kumar. He further submits that petitioner is in custody since 29.09.2021 and charge sheet has already been filed in this case.

On the point that petitioner has criminal antecedent and seven criminal cases pending against him, learned counsel for the petitioner submits that he is ready to file an affidavit before the court that in future he shall not involve in such type of occurrence.

Learned A.P.P. has opposed the prayer for bail. Considering the facts and circumstances of the case, let the petitioner is directed to be released on bail to the satisfaction of the Trial Court itself only after framing of charge. It is made clear that trial shall not be bifurcated of the present petitioner and after bail, the petitioner shall appear on each and every date before Trial Court, in case of nonappearance for two consecutive dates, shall resulted into cancellation of his bail bond.

(Dr. Anshuman, J.) ravishankar/- U T