Ajay Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44770 of 2024 Arising Out of PS. Case No.-51 Year-2024 Thana- SANGRAMPUR District- East Champaran ====================================================== Ajay Kumar Singh aged 52 years, Gender - Male, Son of Nagendra Singh, Resident of Village - Rajpur, P.S. - Sangrampur, District - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhurendra Kumar, Advocate For the Opposite Party/s :
Mr. Md. Shakir Ahmad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-07-2024 Heard Mr. Madhurendra Kumar, learned counsel appearing on behalf of the petitioner and Mr. Md. Shakir Ahmad, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Sangrampur P.S. Case No. 51 of 2024 registered for the offence(s) punishable under Sections 379 and 411 of the Indian Penal Code.
3. As per the allegation made in the FIR, a tractor was seized loaded with sand.
4. Learned counsel appearing on behalf of the petitioner submitted that offence is compoundable under Section 56(2) of the Bihar Minerals (Concession, Prevention of Illegal Mining Transportation and Storage) Amendment Rules and
Patna High Court CR. MISC. No.44770 of 2024(2) dt.24-07-2024 2/3 seeks to deposit the amount of compensation in accordance with the provision of the said Section.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on behalf of parties, as well as, the provision of Section 56(2) of the Bihar Minerals (Concession, Prevention of Illegal Mining Transportation and Storage) Amendment Rules, the petitioner is directed to submit the compounding fee, as well as, the amount of penalty, if any, before the District Mining Officer. The District Mining Officer, after being satisfied, is directed to issue certificate to the extent that the offence has been compounded after the petitioner has deposited the required amount of penalty. The above exercise is required to be carried out within a period of four weeks from the date of passing of the this order. The District Mining Officer or competent authority-cum-District Magistrate must not delay to act upon before the expiry of four weeks.
7. In case, the petitioner is able to file the certificate, duly granted by the competent authority, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court
Patna High Court CR. MISC. No.44770 of 2024(2) dt.24-07-2024 3/3 below within a period of eight weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate - 1st Class, East Champaran, Motihari, in connection with Sangrampur P.S. Case No. 51 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
8. With the aforesaid observation/direction, the application stands disposed of.
(Purnendu Singh, J) Sanjay/- U T