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Patna High CourtCR. MISC./31105/2025bail granted

Raju Kumar v. The State Of Bihar

2025-07-21Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31105 of 2025 Arising Out of PS. Case No.-86 Year-2019 Thana- BARUN District- Aurangabad ====================================================== 1.

Raju Kumar S/o Ramadhar Singh Resident of Village- Khaira, P.S.- Barun, Distt.- Aurangabad 2.

Guddu Kumar @ Dileep Kumar S/o Surendra Singh Resident of VillageKhaira, P.S.- Barun, Distt.- Aurangabad ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Abdul Sattar Saif S/o Late Sheikh Gulam R/o Bachauta, P.S.- Morkahi, Distt.- Khagaria. At present address- Mining Officer, Mining Department, Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Singh, Adv.

For the Opposite Party/s :

Mr. Pranav Kumar, APP Mr. Naresh Dikshit, Adv.for OP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-07-2025 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel appearing on behalf of Mines Department.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 149, 341, 323, 186, 333, 379, 353, 307, 420, 411, 504, 506/427 of the Indian Penal Code, Sections 4 & 40 of the Bihar Minor Mineral Concession Rules and Section 15 of Environment Protection Act.

3. The prosecution case, in brief, is that when the

Patna High Court CR. MISC. No.31105 of 2025(2) dt.21-07-2025 2/3 informant along with other police officers reached near the house of Bhola Singh, they saw about 200 persons assembled there and when they tried to stop the lifting of sand, then all the accused persons started throwing stone pieces upon the police personnel, as a result of which, some of police personnel sustained injuries and one police jeep was damaged.

4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. The FIR has been lodged against 19 named and 150 unknown persons. Petitioners are said to have been identified in the light of torch and the vehicle light. There is general and omnibus allegation and no specific allegation of overt act has been alleged against them. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad/successor Court in connection with Barun P.S.Case No.86 of 2019, subject

Patna High Court CR. MISC. No.31105 of 2025(2) dt.21-07-2025 3/3 to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T