Bhikham Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38810 of 2023 Arising Out of PS. Case No.-86 Year-2023 Thana- SANGRAMPUR District- East Champaran ====================================================== BHIKHAM RAM Son of Tilak Ram Resident of village - Dumaria, P.S. - Mohammadpur, Distt. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

Petitioner apprehends his arrest in a case registered for the offence punishable u/s 379, 414 of the IPC, sections 56(1), 56(2) of the Bihar Minor Minerals Concession Rules, 1972. 3.

Allegedly, truck of the petitioner without registration number was seized and illegally mined sand was recovered. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. He has been made accused in this case on the basis that he is the owner of the said seized truck. It is submitted that the petitioner has already

Patna High Court CR. MISC. No.38810 of 2023(2) dt.03-08-2023 2/2 deposited Rs.3,07,075/- i.e. the loss amount in the concerned department and the same is clear from Annexure-3 of the bail application. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since the loss amount has been deposited, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Sangrampur P.S. Case No.86 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T