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Patna High CourtCR. MISC./28371/2025bail granted

Dhananjay Kumar @ Dhananjay Sharma v. The State Of Bihar

2025-07-10Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28371 of 2025 Arising Out of PS. Case No.-245 Year-2021 Thana- BELAGANJ District- Gaya ====================================================== Dhananjay Kumar @ Dhananjay Sharma S/O Abhiram Singh @ Basudev Singh @ Abhiram Sharma R/O Vill.- Baraini, P.S.- Belaganj, Dist.- Gaya. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Mines Inspector, Dist. Mines Office, Gaya Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aryan Singh, Advocate For the Opposite Party/s :

Mr. Md. Shakir Ahmad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-07-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 379, 411 and 34 of the Indian Penal Code and Section 56 of Bihar Minerals (Prevention of Illegal Transport and Storage) Amendment Rules, 2021.

3. As per F.I.R., allegation against the petitioner is that he along with co-accused person illegally excavated and deposited 30,000 cubic feet sand near Falgu river and thus caused loss to exchequer of Rs. 15,97,500/-.

Patna High Court CR. MISC. No.28371 of 2025(3) dt.10-07-2025 2/3

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. He further submits that the name of the petitioner transpired in this case on the statement of local chawkidaar. Local chawkidaar, on affidavit has stated in the Court that he has not given any statement to the police nor he has seen any of the accused excavating or depositing the sand. It has been further submitted that on the aforesaid facts and circumstances, co-accused, Jitendra Kumar @ Jitendar Singh has already been granted bail by the learned Court below vide order dated 14.12.2022.

5. Learned A.P.P. for the informant has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case and materials available on record, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. 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 Additional Chief Judicial

Patna High Court CR. MISC. No.28371 of 2025(3) dt.10-07-2025 3/3 Magistrate-II, Gaya in connection with Belaganj P.S. Case No. 245 of 2021, subject to condition as laid down under Section 482(2) of the B.N.S.S..

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