Brahamdev Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49035 of 2021 Arising Out of PS. Case No.-206 Year-2021 Thana- KOILWAR District- Bhojpur ====================================================== 1.

BRAHAMDEV RAI Son of Late Jawahir Rai Resident of Village - Pacharukhiya, P.S.- Koilwar, Distt.- Bhojpur. 2.

Mogal Rai @ Mugal Rai Son of Prahlad Rai Resident of Village - Pacharukhiya, P.S.- Koilwar, Distt.- Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2022 Heard leaned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 379, 406 and 34 of the Indian Penal Code, Sections 11 and 56(i)of the Bihar Mineral (Concession Prevention of Illegal Mining Transportation and Storage) Rule 2019 and Section 15 of the Environmental Protection Act, 1986.

It is a case of trading of illegal mining by way of stealing by the accused persons.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He

Patna High Court CR. MISC. No.49035 of 2021(2) dt.24-03-2022 2/2 further submits that the petitioners have not been arrested at the spot. He further submits that the petitioners have not been committed any such type of offence and the petitioners are belongs to the poor labour class family. Petitioners have clean antecedent.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioners, above named in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Bhojpur in connection with Koilwar P.S. Case No. 206 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T