Pramod Kumar Ray v. The State Of Bihar Through The Secretary, Department Of Bihar Mines And Mineral, Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33491 of 2021 Arising Out of PS. Case No.-413 Year-2019 Thana- AMARPUR District- Banka ====================================================== PRAMOD KUMAR RAY Son of Ram Ray Mandal Resident of village - Sadpur, P.S.- Amarpur, District - Banka.

... ... Petitioner/s

Versus

The State of Bihar through the Secretary, Department of Bihar Mines and Mineral, Bihar, Patna. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-10-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

Learned counsel for the petitioner is directed to make necessary correction in the spelling of name of police station in the prayer portion of the petition.

The petitioner is apprehending his arrest in a case registered under Section 379/411 of the Indian Penal Code, Section-4/4 of BMMC Rule and Sections-3, 6 & 8 of BMMC Rule 2003.

Allegedly, 900 CFT sand was illegally excavated and

Patna High Court CR. MISC. No.33491 of 2021(2) dt.08-10-2021 2/3 stored.

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 has been falsely implicated in the present case. The petitioner has been made accused in the present case due to mistake of fact. The allegation is that the illegal mining of sand was being carried out. At the site of place of occurrence, the motorcycle of the petitioner was found parked and for the said reason, he has been made accused in the present case. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. The other coaccused with similar allegation has been granted anticipatory bail by a coordinate bench of this court vide order dated 05-032020 passed in Cr. Misc. No. 4344 of 2020. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with

Patna High Court CR. MISC. No.33491 of 2021(2) dt.08-10-2021 3/3 two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 413 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T