Jai Prakash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44962 of 2021 Arising Out of PS. Case No.-537 Year-2020 Thana- BIHTA District- Patna ====================================================== JAI PRAKASH RAI Son of Late Vidya Rai Resident of Village- Pathautiya, P.S.- Bihta, District- Patna (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kr Singh No.1 For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-04-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest for the offences alleged under Sections 420, 379 and 411 of the Indian Penal Code and Section 11/56 of Bihar Minerals (Concession, Prevention of illegal Mining, Transportation & Storage) Rule, 2019 registered in connection with Bihta P.S.Case No. 537 of 2020.

As per the FIR, four Poclain machines were seized that were indulged in illegal excavation of sand.

Patna High Court CR. MISC. No.44962 of 2021(2) dt.12-04-2022 2/2 The learned counsel for the petitioner has submitted that he is neither the owner nor the driver of the Poclain machines, rather his name has figured in the statement of one Ashok Kumar. He has also submitted that the petitioner is the person of clean antecedents.

Considering the above facts and circumstances, let the petitioner above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Danapur (Patna) in connection with Bihta P.S.Case No. 537 of 2020, subject to the conditions as laid down under Section 438(2) Cr. P.C. Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T