Biteshwar Rai @ Viteshwar Ray And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52548 of 2018 Arising Out of PS.Case No. -24 Year- 2018 Thana -MANER District- PATNA ======================================================

1. Biteshwar Rai @ Viteshwar Ray, Son of Late Ram Ishwar Rai, resident of Haldi Chapra Dhajawa Tola, Kita Chauhattar, P.S.- Maner, DistrictPatna.

2. Dileep Mahto, Son of Late Ramlochan Mahto, at Mahinawa Bazar, P.S. Maner, District- Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rama Kant Jha For the Opposite Party/s : Mr. Sri Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-09-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners, in the present case, are seeking regular bail in connection with Maner P.S. Case No. 24 of 2018, registered for offences alleged under Section 34 of the Indian Penal Code and Rule 4/40 of Bihar Minor Mineral Concession Rule and Section 3/6 of Bihar Mineral (Prevention of Illegal Mining Transportation and Storage) Rule, 2003.

Learned counsel for the petitioners submits that petitioners are the boat owner and have been apprehended for that reason alone. It is submitted that the co-accused persons who were

Patna High Court Cr.Misc. No.52548 of 2018 (3) dt.28-09-2018 2/2 apprehended have been granted bail by a learned Coordinate Bench of this Court vide Annexure 2 to the present application. It is further submitted that there is an error on record in the impugned order that the petitioners were caught at the spot. Learned APP for the State is present and has opposed the prayer for bail.

Considering the fact and circumstances of the case, wherein it is stated that the petitioners are the boat owners and the persons apprehended on the spot have already been granted regular bail by a learned Coordinate Bench of this Court, let the petitioners, above named, be enlarged on bail on their furnishing bail bonds of Rs.15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial MagistrateI, Danapur, Patna, in connection with Maner P.S. Case No. 24 of 2018, subject to the conditions U/S 437(3) Cr.P.C. (Rajeev Ranjan Prasad, J) R.R.Ojha.

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