Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34001 of 2024 Arising Out of PS. Case No.-147 Year-2020 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== 1.

Vishal Kumar Son of Sri Shambhu Singh R/o village - Devkali, P.S.- Mohania, District - Kaimur at Bhabua 2.

Ramanand Kumar Son of Hari Narayan Singh R/o village - Manikpur, P.S.- Bhagwanpur, District - Kaimur at Bhabhua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :

Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-05-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under Section 379 and 34 of the I.P.C. along with 56(1) and 56 (2) of Bihar Minor mineral concession Act (Prevention of illegal mining & Transportation & Storage Rule 2019) Amendment Act, 2021.

3. As per the prosecution case, petitioners were found indulged in illegal mining and storage of sand causing loss to the Government revenue.

4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated. Petitioners have

Patna High Court CR. MISC. No.34001 of 2024(2) dt.23-05-2024 2/2 already deposited fine of Rs. 1,31,500/- through the Challan for over loading on the truck and Rs. 93,595/- to the mines & Geology Department, District Mining Officer, Bhabua. Petitioners claim clean antecedent.

5. Considering the facts of the case, this pre-arrest bail petition is allowed. In the event of arrest/surrender within six weeks from today, let both the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st Class Mahania, Kaimur at Bhabua in connection with Mohania P.S. Case No. 147 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T