Nageshwar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25257 of 2024 Arising Out of PS. Case No.-598 Year-2023 Thana- KOILWAR District- Bhojpur ====================================================== NAGESHWAR RAY S/O CHOTTELAL RAY R/O WARD NO. 11, KOILWAR, BHOJPUR, BIHAR- 802160, P.S- KOILWAR, DISTT.- BHOJPUR.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

THE DEPTT. OF MINES, THROUGH MINES SECY., GOVERNMENT OF BIHAR, PATNA. BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Akash Kumar Mishra, Advocate Aashi Wats , Advocate For the Opposite Party/s :

Mr. Rita Verma, APP For Mines :

Naresh Dikshit , Advocate Brij Bihari Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 379, 411 and 34 of the Indian Penal Code and u/s 4, 21 of MMDR Act 1957, and u/s 11, 56(1) and 56(2) of BM(CPIMTS) Amendment Rules 2021 .

3. As per the prosecution case, petitioner is alleged to be indulged in illegal mining and transportation of sand.

4. It is submitted on behalf of the petitioner that he has falsely been implicated in this case merely on the basis of suspicion . Petitioner is neither driver nor owner of the vehicle in question. Petitioner claims clean antecedent.

Patna High Court CR. MISC. No.25257 of 2024(2) dt.03-04-2024 2/2

5. Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Ara in connection with Koilwar P.S. case No. 598 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/- U T