Raju Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18144 of 2020 Arising Out of PS. Case No.-280 Year-2019 Thana- BARUN District- Aurangabad ====================================================== RAJU SINGH Son of Sri Mutur Singh Resident of Sidhauli, Dalmianagar, P.S.- Dehri On Sone, Distt - Rohtas. Pin Code - 821305. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saket Gupta For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-08-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 379, 411, 34 of the Indian Penal Code, 11 and 56 of Bihar Minor Mineral Concession Rules, 1972 and 15 of Environment Protection Act.

Prosecution allegation against the accused persons is of illegal mining of sand.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner

Patna High Court CR. MISC. No.18144 of 2020(2) dt.07-08-2020 2/2 has falsely been implicated in the present case. The allegation against the petitioner is of illegal mining of sand. The petitioner is alleged to driver of the tractor in question on which sand was loaded. The petitioner had no knowledge regarding the alleged illegal mining of sand.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, in the event of arrest or surrender before the learned Court below within a period of eight weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No. 280 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the Court concerned in connection with the aforesaid case. (Sudhir Singh, J) Pankaj/- U T