Md. Samshad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17730 of 2022 Arising Out of PS. Case No.-296 Year-2021 Thana- LAUKAHA District- Madhubani ====================================================== MD. SAMSHAD ALAM S/o Md. Yasin @ Md. Yasin Mansuri Marhum Resident of Village- Tirhuta, P.S. Babubarhi, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hriday Narayan Harshit, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code and Section 56(i) of the Bihar Minerals (Concession Prevention Illegal Mining Transportation and Storage) Rules, 2019 and 15 of the Environment Protection Act, 1986.

It is a case of theft of the sand causing loss of Rs.30,130/- and Rs.25,125/- to the State exchequer. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that petitioner is ready to pay Rs.15,000/- before the concerned Mining Department. Petitioner has clean

Patna High Court CR. MISC. No.17730 of 2022(2) dt.20-09-2022 2/2 antecedent.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Jhanjharpur, District- Madhubani in connection with Laukaha (Lalmaniya) P.S. Case No. 296 of 2021 corresponding to G.R. No.1568 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C with condition that at the time of furnishing bail bond, the petitioner shall produce the receipt of fine of Rs.15,000/-.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T