Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35586 of 2018 Arising Out of PS.Case No. -55 Year- 2018 Thana -KASHICHAK District- NAWADA ====================================================== Arun Kumar, Son of Ram Prasad Mahto, Resident of Village Barhi Bigha P.S.- Kashichak, District Nawadah.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s : Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Kashichak (Sahpur O.P) P. S. Case No. 55 of 2018 registered under Section 379 of the Indian Penal Code and Section 4/40 of the Bihar Minor Mineral Concession Rules, 1972 and Section 15 of the EP Act, 1986.

It is submitted that entire allegations made in the FIR are false and fabricated. The petitioner is a poor farmer and is not concerned with illegal mining of sand. Rules 4 and 40 of the Bihar Minor Mineral Concession Rules, 1972 are bailable in nature. The FIR has been instituted under Section 379 of the Indian Penal Code only to make the offence non-bailable.

Learned Additional Public Prosecutor for the State

Patna High Court Cr.Misc. No.35586 of 2018 (2) dt.29-06-2018 2/2 opposed the prayer for grant of pre-arrest bail to the petitioner. He submitted that it is a case of illegal mining of sand and storage of sand.

Considering the nature of allegation and the submissions made on behalf of the petitioner as also the statement made in para-3 of the application stating therein that the petitioner has got no criminal antecedent, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Nawadah in connection with Kashichak (Shahpur O.P) P.S. Case NO. 55 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today. (Ashwani Kumar Singh, J) Kanchan/- U T