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Patna High CourtCR. MISC./32677/2024allowed

Jeetu Kumar @Jittu Kumar @ Raj Kumar v. The State Of Bihar

2024-07-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32677 of 2024 Arising Out of PS. Case No.-376 Year-2023 Thana- BUNIYAD GANJ District- Gaya ====================================================== Jeetu Kumar @Jittu Kumar @ Raj Kumar S/O LATE SAGAR SINGH VILLAGE- RUPASPUR, P.S.- BUNIYADGANJ, DIST-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyaveer Jha, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the Mines Department.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 353, 342, 504, 506, 379, 411/34 of the Indian Penal Code and Section 21 M.M. (D & R) Act, 1957 and Bihar Mineral Act (C.P.I.M.) and Storage Act, 2021.

3. The allegation against the petitioner is that they are indulged in illegal excavation of sand and its transporting.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. Petitioner has been falsely implicated in this case by the police. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that from the perusal of the impugned order, it appears that the loss amount has already been deposited in the Department. Similarly

Patna High Court CR. MISC. No.32677 of 2024(2) dt.12-07-2024 2/2 situated co-accused have already been granted bail by a coordinate Bench of this Court vide order dated 04.04.2024 passed in Cr. Misc. No. 19266 of 2024. Petitioner has two criminal antecedents as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case as well as the fact that the loss amount has already been deposited by the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Buniyadganj P.S. Case No.376 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Guddu/- U