Sharvan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18832 of 2023 Arising Out of PS. Case No.-284 Year-2022 Thana- BARUN District- Aurangabad ====================================================== Sharvan Kumar S/O Rama Shish Singh Resident Of Village- Karma, P.S.- Jamhor, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Pandey For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 379, 411 of the Indian Penal Code, Rules 4, 21 of Mines and Mineral Act, Rules 11, 43, 56 of Bihar Minerals (C.P. I.M. T.S.) Rules and Section 15 of the Environment Protection Act. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that the petitioner is the owner of the seized bike which was illegally seized by the police. He submits that similarly situated coaccused has already been granted bail by this Court vide order

Patna High Court CR. MISC. No.18832 of 2023(3) dt.23-06-2023 2/2 dated 10.01.2023 passed in Cr. Misc. No. 61631 of 2022 and Cr. Misc. No. 64900 of 2022. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Barun P.S. Case No. 284 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T