Sudarshan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33759 of 2020 Arising Out of PS. Case No.-31 Year-2002 Thana- GOVERNMENT OFFICIAL COMP. District- Rohtas ====================================================== SUDARSHAN SINGH Son of Triveni Singh Resident of Village - Mohaniya, P.S.- Kargahar, Distt.- Rohtas.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Pandey For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Section-379 of the Indian Penal Code and Sections 40 and 41 of Bihar Minor Mineral Concession rules. The prosecution case, in brief is that on 28-05-2002 during an inspection, the petitioner was found storing 25000 CFT of stone chips at village Amara under P.S. Sasaram. The petitioner was found running the crusher machine for preparation of the stone chips.

It has been submitted on behalf of the petitioner that the

Patna High Court CR. MISC. No.33759 of 2020(2) dt.26-02-2021 2/2 petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. The stone crusher in question does not belong to the petitioner. He has got no concern with the recovered stone chips in question. The allegation, made in the FIR is denied by the petitioner. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate/concerned court, Sasaram, Rohtas in connection with Official Complaint Case No. 31 of 2002, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T