Munda Kumar @ Raj Kumar @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32150 of 2023 Arising Out of PS. Case No.-302 Year-2019 Thana- GHOSI District- Jehanabad ====================================================== Munda Kumar @ Raj Kumar @ Santosh Kumar Son Of Baliram Sharma Resident Of Village- Nandana , Bharthu, Ps- Ghosi, Distt- Jehanabad 804432 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Principal Additional Chief Secretary-Cum-Mines Commissioner, Government Of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Baidyanath Sharan For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 420/120B/379/120B and other allied sections of the Indian Penal Code, sections 2, 3 and 4 of the Bihar Minerals (Prevention of illegal mining, transportation and storage) Rules, and section 15 of the Environment Protection Act, 1986.

3. Acting on a secret information regarding illegal extraction of sand, raid was conducted by the police at different places and a number of vehicles were seized engaged in illegal mining while several accused persons were also arrested on the spot.

4. Learned counsel appearing for the petitioner submits that the petitioner's name has been given in the FIR only on suspicion, though he is neither the owner nor the driver

Patna High Court CR. MISC. No.32150 of 2023(3) dt.03-08-2023 2/2 of the seized vehicles.

5. Learned counsel for the State opposes the prayer for bail. He submits that petitioner has got criminal antecedent of similar nature.

6. Considering the nature of accusation and the fact that petitioner has got criminal antecedent, prayer for bail of the petitioner is rejected.

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