Jitendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51013 of 2021 Arising Out of PS. Case No.-400 Year-2020 Thana- ARWAL District- Jehanabad ====================================================== JITENDRA KUMAR SINGH S/o Rama Prasad Singh R/o village- Sirpalpur, Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avinash Shekhar For the State :

Mr.Shyameshwar Dayal For the O.P. No.2 : Mr. Naresh Dixit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-06-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 379 of the Indian Penal Code, Section 21/22 of the Mines and Mineral (Development & Regulation) Act, 1957 and Rule 56(2) of Bihar Minerals (Concession, Prevention of Illegal Mining Transportation & Storage) Rules, 2019.

As per the prosecution case, petitioner is alleged to have excavated the sand outside the permitted area of alleged place without valid chalan.

It is submitted that petitioner has already deposited the amount of Rs. 17, 80, 370/- mentioned in the FIR to the District Mining Officer, Arwal, under protest vide letter dated

Patna High Court CR. MISC. No.51013 of 2021(4) dt.30-06-2022 2/2 31.03.2021, which is not disputed by the learned counsel for the O. P. No.2.

Learned counsel appearing for the opposite parties opposed the prayer for anticipatory bail.

Considering the facts of the case, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall 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 Chief Judicial Magistrate, Arwal in connection with Arwal PS case No. 400/2020, subject to conditions laid down u/s 438(2) of the Cr. P. C.

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