Raviranjan Kumar @ Rajiv Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32021 of 2024 Arising Out of PS. Case No.-88 Year-2023 Thana- GHOSI District- Jehanabad ====================================================== Raviranjan Kumar @ Rajiv Ranjan Kumar Son of Arun Kumar Resident of Village- Deharpur, P.S.- Ghoshi, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-09-2024 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Ghoshi P.S.Case No.88 of 2023 registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code.

3. As per the allegation made in the FIR, the petitioner was involved in illegal mining of the sand and the seizure has been reported by the Mining Extension Officer, Jehanabad. The seizure list gives the details of the seized Tractor and 50 CFT sand loaded over it.

4. Learned counsel appearing on behalf of the petitioner seeks to deposit the amount of compensation in accordance with Rule 56 of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019.

5. Learned Additional Public Prosecutor has

Patna High Court CR. MISC. No.32021 of 2024(3) dt.18-09-2024 2/2 vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties, as well as, considering the fact that 50 CFT sand was recovered from the Tractor and the petitioner seeks to deposit the compounding fine in accordance with Rule 56 of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019, the petitioner is directed to be released on provisional bail in connection with Ghoshi P.S.Case No.88 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C. and on such terms and conditions, as the learned District Court deems fit and proper.

7. In case, the petitioner furnishes a certificate duly issued by the authorized authority, the provisional bail granted to the petitioner shall be made absolute by the learned District Court, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

8. With the above observation/direction, the present bail application stands disposed of.

(Purnendu Singh, J) chn/- U