Kappu Paswan v. The Secretary , Department Of Bihar Mines And Mineral, Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39804 of 2022 Arising Out of PS. Case No.-538 Year-2019 Thana- AMARPUR District- Banka ====================================================== KAPPU PASWAN Son of Mahendra Paswan Resident of Village - Bhawanipur, Rajdham Bhawan Devi Tol, P.s. and District - Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Naresh Dikshit,Spl.P.P. Mines Mr.Utsav Anand,Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-11-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Section 307 & other allied sections of the Indian Penal Code, Section 27 of the Arms Act, under the provision of Bihar Mines Prevention Illegal Transportation & Storage Act, Section 56 MM(D&R) Act and Sections 21 / 15 Environment Protection Act.

As per the prosecution case, four named and 60-70 unknown persons made indiscriminate firing, pelted stones on the police party and also damaged their vehicles, due to which, several police personnel sustained injury.

Petitioner is not named in the F.I.R. and there is general and omnibus allegation. Petitioner has been made accused in this case simply because he is owner of one of the truck in question, which was parked near the place of

Patna High Court CR. MISC. No.39804 of 2022(2) dt.28-11-2022 2/2 occurrence. Petitioner has got clean antecedent. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged 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., Banka in connection with Amarpur P.S. Case No. 538 of 2019, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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