Niraj Kumar @ Niraj Kumar Nirala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42042 of 2021 Arising Out of PS. Case No.-15 Year-2021 Thana- BHEJA District- Madhubani ====================================================== NIRAJ KUMAR @ NIRAJ KUMAR NIRALA S/O JAIRAM YADAV R/o village- Tengraha, P.S.- Bheja, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akash Chaturvedi, Advocate For the Opposite Party/s :

Mr. Ram Bilas Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-01-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bjeja P.S. Case No. 15 of 2021 for the offence registered under Sections 379 and 414 of the Indian Penal Code, Section 56(1) of the Bihar Minerals (Conservation & Prevention of Illegal Mining Transportation and Storage) Rule, 2019 and Section 15 of the Environment Protection Act.

The prosecution case in brief is that police force during the course of patrolling duty saw that illegal mining was being resorted to and sand was being loaded on a tractor from the river bank by JCB and upon having seen the police force, the accused persons had fled away.

The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.42042 of 2021(2) dt.05-01-2022 2/3 that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 06.03.2021. The learned counsel for the petitioner has further submitted by referring to paragraph no. 6 of the present petition that the petitoiner is neither the owner nor the driver of the seized vehicle. It is also submitted that the petitioner was not arrested from the spot but from the business premises of one M/s Dharam Raj Enterprises Udhyog, from where he is running the business of brick kiln. Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner has categorically stated in the present petition that he is neither the owner nor the driver of the seized vehicle and moreover he is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner herein on regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.42042 of 2021(2) dt.05-01-2022 3/3 satisfaction of learned ACJM-III, Jhanjharpur, DistrictMadhubani in connection with Bheja P.S. Case No. 15 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T