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Patna High CourtCR. MISC./41992/2024disposed

Umesh Mahto v. The State Of Bihar

2024-07-25Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41992 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- GOVINDGANJ District- East Champaran ====================================================== Umesh Mahto Son of Ashrfi Mahto Resident of Village- Chatiya, P.S- Malahi, Dist- East Champaran , Motihari ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Additional Chief Secretary Department of Mines, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-07-2024 1.

Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the Department of Mines.

2.

The learned counsel for the petitioner submits that petitioner seeks anticipatory bail in connection with Govindganj (Malahi) P.S. Case No. 57 of 2024 for the offences punishable under Sections 379, 411 and 34 of the Indian Penal Code and Sections 4 and 21 of the Mines and Minerals (Regulations and Development) Act 1957.

3.

The learned appearing on behalf of Department of Mines submits that the offence for which the instant FIR has been instituted, carries punishment of less than seven years, the said submission of the learned counsel appearing on behalf of

Patna High Court CR. MISC. No.41992 of 2024(2) dt.25-07-2024 2/3 the Department of Mines is not disputed by learned counsel appearing on behalf of the petitioner.

4.

The learned counsel for the petitioner submits that petitioner has not deposited the fine but still investigation in the case against the petitioner is continuing, on which the learned counsel appearing on behalf of Department of Mines thus submits that the case be disposed of in terms of the order dated 13-2-2024 passed in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar).

5.

In view of the submission made by the learned counsel appearing on behalf of the Department of Mines, the anticipatory bail application is disposed of in terms of the order dated 13-2-2024 passed in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar). 6.

The petitioner would be at liberty to file a representation before the concerned Superintendent of Police and the Investigating Officer of the case, within a period of three weeks from today, with a web copy of the order dated 132-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the state of Bihar); and the concerned Superintendent of Police shall ensure that the Investigating Officer of the case strictly adheres to the directions contained in the order dated 13-

Patna High Court CR. MISC. No.41992 of 2024(2) dt.25-07-2024 3/3 2-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar).

(Satyavrat Verma, J) SUMIT/- U T