Bullet Kumar @ Rajeev Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36147 of 2024 Arising Out of PS. Case No.-559 Year-2023 Thana- BELAGANJ District- Gaya ====================================================== 1.

Bullet Kumar @ Rajeev Ranjan Kumar, Son of Shyam Nandan Singh 2.

Sanjeev Kumar, Son of Shyam Nandan Singh 3.

Karu Singh @ Ranjeet Kumar @ Karu, Son Of Late Kapildev Singh 4.

Dhananjay Paswan, Son of Ram Swarup Paswan All are residents of village- Sripur, P.S.- Belaganj, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar, Advocate For the Opposite Party/s :

Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-07-2024 The learned counsel for the petitioners submits that during pendency of this petition, the petitioner no.2, namely Sanjeev Kumar has been arrested and, as such, he seeks permission to withdraw the application of the petitioner no.2.

2. Permission is accorded.

3. Accordingly, this petition is dismissed as withdrawn as against the petitioner no.2.

4. Heard learned counsel for the petitioner nos. 1, 3 and 4 and learned A.P.P. for the State.

5. In the present case, the petitioner nos. 1, 3 and 4 are apprehending their arrest in connection with Belaganj P.S. Case No. 559 of 2023, registered for the alleged offences under

2/4 Sections 379, 411 of the Indian Penal Code, Section 21 of MM (D & R) Act, 1957 and Rule 56 of Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Amendment Rules, 2021.

6. As per prosecution case, the petitioners and other co-accused persons were found committing theft of sand by illegally mining it from the banks of river Falgu. In this manner, they excavated about 22,000 cubic feet of sand and stored it at certain identified place and thus caused revenue loss of Rs. 39,40,500/- to the Bihar Government.

7. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case merely on saying of the village chowkidar and except for the statement of chowkidar, no material has come up against the petitioners during investigation. There is no eye witness and the petitioners have no concern with the places from where the illegally mined sand was recovered. A number of persons have been made accused in this case along with the petitioners with vague allegation. Learned counsel further submits that under the provisions of Rule 61 of Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Amendment Rules, 2021, an official written complaint needs to

3/4 be filed and investigation on the basis of FIR is beyond jurisdiction. Learned counsel further submits that sand mining has been auctioned at different places and the Government gets royalty from it and there is no occasion for causing revenue loss to the Government. Learned counsel further submits that the petitioners have been made accused in this case on account of their criminal antecedents.

8. Learned A.P.P. for the State opposes the prayer for anticipatory bail. Learned APP submits that the name of the petitioners transpired during investigation and by the act of the petitioners and co-accused, huge loss of revenue was caused to the Government.

9. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the completely vague nature of allegation without any substantive material and further considering the possibility of false accusation, let the petitioner nos. 1, 3 and 4 above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate,

4/4 Gaya/concerned court in connection with Belaganj P.S. Case No. 559 of 2023, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) V.K.Pandey/- U T