Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28375 of 2025 Arising Out of PS. Case No.-119 Year-2024 Thana- Pahelja P.S. District- Saran ====================================================== Ajay Kumar Son of Nageshwar Sahani Resident of Village - Saidpur, P.S.- Pahleja, District - Saran at Chapra (Bihar).

... ... Petitioner

Versus

1.

The State of Bihar 2.

The Mining Inspector, Saran at Chapra. Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Parmanand Kumar, A.P.P.

For the Mines Mr. Naresh Dikshit, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and the other side.

2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 223, 303(2), 317(2) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, petitioner caused revenue loss of Rs.4,13,275/- to the Mines department by indulging in illegal sand mining and transportation.

4. It is submitted on behalf of the petitioner that petitioner is ready to deposit the aforesaid fine amount in the office of Mines department concerned, without prejudice and subject to outcome of the case.

5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within eight weeks from today, let the petitioner, mentioned above, 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 the Judicial Magistrate 1st

Patna High Court CR. MISC. No.28375 of 2025(5) dt.27-08-2025 2/2 class, Saran at Chapra in Pahleja Police Station Case No. 119 of 2024, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on following conditions:- (i) At the time of furnishing bail bond, Rs. 1 lac shall be deposited by the petitioner in the office of the Mines Inspector, Saran at Chapra.

(ii) Rest amount shall be deposited by the petitioner in six equal installments within six months thereafter. (iii) If the petitioner fails to comply with the aforesaid direction of this court, the court below shall be at liberty to cancel the bail bonds of the petitioner.

6. It is made clear that without going into the merit of the case, aforesaid order has been passed only for the purpose of grant of bail and this deposit would be subject to the final result of the criminal case.

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