Sushil Kumar Sing @ Sushil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36340 of 2022 Arising Out of PS. Case No.-163 Year-2021 Thana- BARHARA District- Bhojpur ====================================================== SUSHIL KUMAR SING @ SUSHIL KUMAR SINGH SON OF KAMLAKANT SINGH RESIDENT OF VILLAGE- BASMANPUR, P.S.- ARA MUFFASIL, DISTRICT- BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-11-2022 Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under Sections 379/ 420of the IPC and under Rule 11, 56(i) of the Bihar Mineral (Concession Prevention of illegal Mining Transportation and storage) Rules 2019 and under section 15 of the Environmental Protection Act 1986.

As per the prosecution case, petitioner and other accused persons were indulged in illegal sand mining, transportation and storage and thereby caused loss of revenue of Rs. 3.75 lacs to the Government exchequer.

Learned counsel appearing for the petitioner submits

Patna High Court CR. MISC. No.36340 of 2022(2) dt.07-11-2022 2/3 that the petitioner is innocent and has falsely been implicated in this case. As a matter of fact no such occurrence in the manner alleged has ever taken place. Petitioner is owner of the vehicle in question and the same is a commercial vehicle which was hired and without his knowledge and concent the same was used in transporting illegal sand. Similarly situated co accused Bir Kumar Rai has already been granted bail by this court vide order dated 21.07.2022 passed in 50909 of 2021 Petitioner has got no criminal antecedent. Petitioner further undertakes that the petitioner is ready to deposit Rs. 51,000/- in the court below subject to the final decision in the case.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case, in the event of arrest/surrender within six weeks from today, let the petitioner, above named, 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 C.J.M, Ara, Bhojpur in connection with Barahara Police Station Case No. 163 of 2021 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

Needless to state that the petitioner would deposit Rs.

Patna High Court CR. MISC. No.36340 of 2022(2) dt.07-11-2022 3/3 51,000/- in the court below and shall furnish its receipt at the time of processing the bail bond. Deposit would be subject to final result of the case.

(Prabhat Kumar Singh, J) asmit/- U T