Ranjay Kumar @ Ranjay Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38188 of 2024 Arising Out of PS. Case No.-119 Year-2023 Thana- MAIN P.S. District- Gaya ====================================================== 1.
Ranjay Kumar @ Ranjay Sharma, Son of Jagdish Sharma 2.
Nawlesh Sharma @ Nawlesh Kumar, Son of Late Jairam Sharma All are R/o vill.- Koyri Bigha, P.S.- Main, Distt.- Gaya. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Amresh Kumar, Advocate Mr. Saroj Kumar Choudhary, Advocate For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-06-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This petition is limited with petitioners namely, Ranjay Kumar @ Ranjay Sharma and Nalwlesh Sharma @ Nawlesh Kumar.
3. The petitioners seek bail in connection with Main P.S. Case No.119 of 2023 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 332, 333, 353, 307, 504, 506, 279, 379, 411 of the Indian Penal Code and Sections 4(1A)/21 of the Mines and Minerals (Regulation and Development) Act, 1957, Section 21 of the Bihar Mineral Concession Prevention of illegal Mining,
2/4 Transportation and Storage Act, 2019, Rule 11/18 of BM (CPIMTS) Amendment Act, 2021, Rule 56.
4. Both the accused/petitioners are named in the FIR and are in custody since 03.04.2024.
5. Allegation against the petitioners is to involve in illegal mining and also alleged to assault police personnel, who have seized the tractor with illegal sands and to deter the police personnel to discharge them from their official duties.
6. It is submitted by learned counsel appearing for the petitioners that the allegation against these petitioners are very much general and omnibus in nature. It is further pointed out that petitioner no.1 named with this case only for the reason that he had provided his tractor on hire basis. It is submitted that petitioner no.1 has deposited the fine with Mining Department in terms of Letter No.3212 dated 16.11.2023 as issued by District Mining Office, Gaya. It is further submitted by learned counsel that the allegation as to cause physical assault to the police personnel appears just to aggravate the allegation, as no such injuries appears to be
3/4 caused to police personnel, as none of them were examined medically. It is further pointed out that similarly situated coaccused persons have been granted anticipatory bail by this Court through Cr. Misc. No.21949 of 2024 vide order dated 26.04.2024, whereas these petitioners are languishing in jail for two months. While concluding argument, it is submitted that petitioner no.1 found involved in 8 more criminal cases, where in two criminal cases, final form was submitted against him, whereas in rest of six cases, he is on bail. Similarly, petitioner no.2 found involved in three more criminal cases, where after investigation, the police submitted final form in two cases against him, whereas in one case, he is on bail. It is pointed out that petitioners are local persons and owner of tractor. The petitioners involved in several cases of similar nature with same police station out of local police atrocities.
7. Learned APP opposes the prayer for grant of bail to the petitioners.
8. In view of aforesaid factual submissions and by taking note of allegation of physical assault, which is
4/4 appearing very much general and omnibus against petitioners, coupled with the fact that amount of fine has already deposited by petitioner no.1, accordingly, both petitioners, above-named, are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Gaya in connection with Main P.S. Case No.119 of 2023 subject to the conditions as laid down under Section 437(3) of the CrPC. (Chandra Shekhar Jha, J.) Sanjeet/- U T