Subodh Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28523 of 2021 Arising Out of PS. Case No.-19 Year-2021 Thana- KATORIYA District- Banka ====================================================== 1.

SUBODH KUMAR SINHA Son of Shakti Nath Prasad Resident of Village - Darvepatti, P.S. - Katori, District - Banka.

2.

Raj Kumar Sahay @ Bambam Son of Krishnaballah Sahay Resident of Village - Darvepatti, P.S. - Katoria, District - Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Sinha For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-05-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest for the offences alleged under Sections 379 and 411 of the Indian Penal Code, Rule 4(1) of the MMRD, Act 1957 and Section 56(2) and Rules 11 and 41 of the Bihar Miner Mineral Concession Prevention of Illegal Mining Transportation of Storage Rule-2019, registered in connection with Katoria P.S.Case No. 19 of 2021.

As per allegation, 48.760 metric tonnes of sand were found stored in the premises of the petitioners. The learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.28523 of 2021(4) dt.10-05-2022 2/2 that the petitioners are the persons of clean antecedents and the sand was purchased by petitioner no.1 for construction of his house.

Considering the above facts and circumstances, specially the clean antecedents of the petitioners, let the petitioners above-named, in the event of their arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each to the satisfaction of learned C.J.M. Banka in connection with Katoria P.S.Case No. 19 of 2021, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T