Vikash Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21273 of 2025 Arising Out of PS. Case No.-130 Year-2024 Thana- Gidhaur District- Jamui ====================================================== Vikash Kumar Singh Son of Brajkishore Singh R/o Rampur Aami, P.s.- Dighwara, Distt.- Saran, Prop. Maa Bhawani Traders. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sri Ashish Prakash, Mine Inspector, Jamui, Distt.- Jamui. Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. N.K. Agrawal, Sr. Advocate Mr. Amresh Kr. Sinha, Advocate Mr. Saroj Kumar Chaudhary, Advocate For the State :
Mr. Mohammed Arif, APP For Opposite Party No.2 :
Mr. Naresh Dikshit, Advocate Ms. Kalpana, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-04-2025 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 303(2), 316(4), 317(2), 318(4), 338, 336(3), 340(2) and 3(5) of the B.N.S., Section 56(2)(i) of the Bihar Minerals Concession of Illegal Mining, Transportation and Storage Rules and Sections 21 and 4 of the MMDR Act.
3. As per prosecution case, specific allegation against this petitioner is of doing discrepancy in storage and mining of sand and generating false receipts on the departmental portal and thereby, causing revenue loss of Rs. 22,16,148/- to the
Patna High Court CR. MISC. No.21273 of 2025(3) dt.21-04-2025 2/3 Department.
4. It is submitted by learned senior counsel appearing on behalf of the petitioner that the petitioner is quite innocent and has been falsely implicated in this case merely on suspicion. However, at this stage, without admitting his guilt, petitioner is ready to deposit the 50 per cent of the alleged revenue loss amounting to Rs. 11,08,074/- (Rupees eleven lacs eight thousand seventy-four only) in easy monthly installments. Petitioner claims clean antecedents.
5. Considering the aforesaid facts and circumstances, prayer for grant of anticipatory bail to the petitioner is allowed.
6. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner 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 learned C.J.M., Jamui in connection with Gidhaur P.S. Case No. 130 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, along with the following terms and conditions: A. At the time of furnishing bail-bond Rs. 5,00,000/- (Rupees five lacs) shall be deposited through cash in the Nazarat of the Civil Court, Jamui.
B. Rest amount i.e. Rs. 6,08,074/- (Rupees six lacs eight thousand seventy-four) shall be
Patna High Court CR. MISC. No.21273 of 2025(3) dt.21-04-2025 3/3 deposited in the Nazarat of Civil Court, Jamui in four equal installments within a period of six months from the date of furnishing bailbond. C. The aforesaid payment shall be subject to the final outcome of the case.
D. If petitioner fails to comply the aforesaid direction of this Court, the Court below is free to cancel the bail-bond of the petitioner.
7. It is made clear that without going into the merit of the case, the aforesaid order has been passed only for the purpose of grant of bail.
(Prabhat Kumar Singh, J) shashank/- U T