Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24138 of 2024 Arising Out of PS. Case No.-139 Year-2023 Thana- IMADPUR District- Bhojpur ====================================================== Mukesh Kumar Son Of Ramashish Prasad Mahto @ Ramashish Mahto License Holder Of Corbon Ispat Ltd. Rajpur, Permanent Resident Of Sushila Apartment, Pandit Clinic, Bartand, P.S. - Dhanwad, District - Dhanwad, Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shambhu Narayan Singh, Advocate Mr. Suraj Kumar Tiwari, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-07-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 379, 411, 420 of the Indian Penal Code and Section 56(i)(ii) of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation and Storage) Rules.

3. As per the prosecution case, petitioner is alleged to have issued challan of the truck in question after its seizure.

4. Learned counsel for the petitioner submits that petitioner is Director of a company namely, Carbon Ispat Ltd and a 'K' license has been issued by the Mines and Minerals Department, Bihar to the petitioner's company for stocking and

Patna High Court CR. MISC. No.24138 of 2024(5) dt.01-07-2024 2/2 selling of sand and hence petitioner is an approved person to stock and sell sand at the location in question and the said license of the petitioner is valid till 31.12.2023. He further submits that owner of the truck bearing registration No. BR44G6204 has already deposited the penalty amount of Rs. 2,78,094/-. Petitioner claims clean antecedent.

5. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, 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 Judicial Magistrate, 1st Class, Bhojpur at Ara in connection with Imadpur P. S. Case No. 139 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T