Patna High CourtCR. MISC./25101/2022allowed

Hareram Singh v. The State Of Bihar

2022-09-22Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22681 of 2022 Arising Out of PS. Case No.-115 Year-2021 Thana- CHANAN District- Lakhisarai ====================================================== BIPUL KUMAR SON OF JITENDRA SINGH R/O VILLAGE- TILAKPUR, P.S.- KIUL, DISTRICT- LAKHISARAI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 25101 of 2022 Arising Out of PS. Case No.-115 Year-2021 Thana- CHANAN District- Lakhisarai ====================================================== 1.

HARERAM SINGH S/o Sri Arvind Singh Resident of Village Batta Rampur, P.S.- Chanan, District- Lakhisarai.

Bhuneshwar Yadav S/o Sri Rajendra Yadav Resident of Village- Mananpur Bazar, P.S.- Chanan, District- Lakhisarai.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 22681 of 2022) For the Petitioner :

Mr. Rajesh Kumar Sinha, Advocate For the State :

Mr. Shyameshwar Dayal, APP For the Mines Deptt.

Mr. Naresh Dikshit, Spl. P.P., Mines Mr. U. Anand, AC to Spl. P.P., Mines (In CRIMINAL MISCELLANEOUS No. 25101 of 2022) For the Petitioners :

Mr. Vipin Kumar, Advocate For the State :

Mr. H.A. Khan, APP For the Mines Deptt.

Mr. Naresh Dikshit, Spl. P.P. Mines Mr. U. Anand, AC to Spl. P.P., Mines ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-09-2022 Heard learned counsel for the petitioners, learned APP for the State as well as learned counsel appearing on behalf of the Mines Department.

The petitioners apprehend their arrest in connection

Patna High Court CR. MISC. No.22681 of 2022(4) dt.22-09-2022 2/3 with Chanan P.S. Case No.115 of 2021 (wrongly mentioned as Chanan P.S. Case No.115 of 2020 in the prayer portion of Cr. Misc. No.22681 of 2022), registered for the offences punishable under Sections 379 and 411of the Indian Penal Code, Rule 56(2) of the B.M. (CPIMTS) Amendment Rule, 2021 and Section 21 of the M. M. (D&R) Act, 1957.

One Vyas Paswan, Mining Inspector made his written report before the police alleging inter alia that in compliance of the department Letter No.3064/m, Patna dated 05.10.2021, the informant alongwith the police has inspected the stock of sand of the named FIR persons whose licenses have already expired even they they illegally made storage of sand. It is also alleged that on spot enquiry, they found the differences of stock from the PMU, Record (Office Record) which is against Rule 39(3) of BM (CPIMTS) Rule, 2019 and other Rules mentioned in the FIR. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is submitted that petitioner of Cr. Misc. No.22681 of 2022 and petitioner no.1 of Cr. Misc. No.25101 of 2022 have got no criminal antecedent whereas petitioner no.2 of Cr. Misc. No.25101 of 2022 has got one criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that the petitioners have paid the royalty for the said stock. It is submitted

Patna High Court CR. MISC. No.22681 of 2022(4) dt.22-09-2022 3/3 that time to time the licence was being renewed and was valid for 31.12.2020 and for fresh renewal of said licence, the petitioners have already applied for renewal of his licence on 23.12.2020 alongwith fee of Rs.2000/- (Annexure-3 of Cr. Misc. No.22681 of 2022).

Learned counsel appearing on behalf of the Mines Department opposed the prayer for anticipatory bail of the petitioners and submitted that the petitioners have sold the said sand without permit.

Taking into consideration the fact that the petitioners have already paid the royalty to the concerned authority, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Lakhisarai in connection with Chanan P.S. Case No.115 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) Sanjay/- U T