Yogendra Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38185 of 2024 Arising Out of PS. Case No.-119 Year-2023 Thana- MAIN P.S. District- Gaya ====================================================== Yogendra Sharma, S/o Lakhan Sharma, R/o Village-Kormathu, P.S-Main, Distt.- Gaya.
... ... Petitioner
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. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named and in the FIR and apprehending his arrest 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, Transportation and Storage Act, 2019, Rule 11/18 of BM (CPIMTS) Amendment Act, 2021, Rule 56.
3. Allegation against the petitioner is to involve in
Patna High Court CR. MISC. No.38185 of 2024(2) dt.21-06-2024 2/3 illegal mining of sand and trade arising thereof, where to check such activities, a raid was conducted by police, where during the occurrence, petitioner along with other coaccused persons assaulted police personnel and, such, also to deter them to discharge their official duties.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner has been implicated falsely with present case without having any connecting evidence being resident of nearby locality and owner of the tractor. It is submitted that allegation of physical assault and to deter the police personnel is specifically available against co-accused Arbind Sharma @ Dablu and also one of the co-accused, namely, Navlesh Sharma, where the allegation against this petitioner is appearing very much general and omnibus. It is pointed out that petitioner has already deposited the fine with Mining Department, Gaya in terms of Letter No.3212 dated 16.11.2023. While concluding argument, it is submitted that petitioner is a man of clean antecedent.
5. Learned APP opposes the prayer of bail.
Patna High Court CR. MISC. No.38185 of 2024(2) dt.21-06-2024 3/3
6. In view of aforesaid factual submissions, as allegation of physical assault is not available against this petitioner, where allegation to deter the police personnel from discharging their official duties is appearing very much general and omnibus against the petitioner, coupled with the fact that amount of fine has already deposited by petitioner, accordingly, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender in the court below within a period of four weeks from today, 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 438(2) of the CrPC.
(Chandra Shekhar Jha, J.) Sanjeet/- U T