Manish Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33616 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- TANDWA District- Aurangabad ====================================================== 1.

MANISH KUMAR SINGH Son of Dilip Singh Resident of village - Pachpokhri, P.S. - Tandwa, Distt. - Aurangabad 2.

Dilip Singh Son of Ambika Singh Resident of village - Pachpokhri, P.S. - Tandwa, Distt. - Aurangabad 3.

Roop Narayan Singh @ Roopan Singh Son of Late Bhimal Singh Resident of village - Pachpokhri, P.S. - Tandwa, Distt. - Aurangabad 4.

Navin Kumar Singh Son of Vinod Kumar Singh Resident of village - Pachpokhri, P.S. - Tandwa, Distt. - Aurangabad 5.

Abhay Singh Son of Late Rama Singh Resident of village - Pachpokhri, P.S. - Tandwa, Distt. - Aurangabad 6.

Deepak Kumar Singh Son of Surendra Singh Resident of village - Pachpokhri, P.S. - Tandwa, Distt. - Aurangabad 7.

Pintu Kumar Singh Son of Abhay Singh Resident of village - Pachpokhri, P.S. - Tandwa, Distt. - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Mukul Kumari, Advocate For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners, in the present case, are seeking prearrest bail in connection with Tandwa P.S. Case No.4 of 2023 registered for the offences punishable under Sections 147, 149, 186, 353, 323, 341, 332, 379 and 411 of the Indian Penal Code, Section 21 of Mines and Minerals, Development and Regulation

Patna High Court CR. MISC. No.33616 of 2023(2) dt.21-07-2023 2/3 (MMDR) Act, 1957, Section 15 of the Environment Protection Act, 1986 and Rule 56 of the Bihar Minerals Prevention of Illegal Transportation and Storage Rules, 2019. The petitioners have got no criminal antecedent.

3. As per the prosecution story, the allegation against the petitioners is that they are involved in illegal mining of river sand and thereafter forming an unlawful assembly and snatching away the seized tractor from the police.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case merely on suspicion. Learned counsel submits that there is no specific allegation against the petitioners.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

6. Having regard to the fact that the petitioners are named in the First Information Report and the allegation against them is that they are not only involved in illegal mining of river sand but were also involved in forming an unlawful assembly and snatching away the seized tractor from the police and they have been identified by the Mahal Chowkidar, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. The prayer is refused.

Patna High Court CR. MISC. No.33616 of 2023(2) dt.21-07-2023 3/3

7. In case the petitioners surrender and pray for regular bail in the learned court below within a period of four weeks from today, their prayer for regular bail shall be considered on their own merit without being prejudiced by the order of this Court.

8. This application is dismissed.

(Rajeev Ranjan Prasad, J) arvind/- U T