Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45861 of 2024 Arising Out of PS. Case No.-161 Year-2024 Thana- BARUN District- Aurangabad ====================================================== Sunil Kumar Son of Ramawtar Singh R/O Vill.- Chhakan Bigha, P.S.- Barun, Dist.- Aurangabad ... ... Petitioner/s

Versus

1.

The State Of Bihar Patna 2.

The ACS, Mines and Minerals Department Government of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Ram Sumiran Rai For the Mines Department:

Mr.Naresh Dikshit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 379/411/413/34 of the IPC. 3.

Allegedly, the petitioner is said to be indulged in illegal mining of sand. It is alleged that from his tractor, 100 CFT loaded sand has been 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. He submits that petitioner is the owner-cum-driver of the said tractor and he has already deposited the loss amount of Rs.36,000/- in the concerned department. Petitioner has two criminal antecedent.

Patna High Court CR. MISC. No.45861 of 2024(2) dt.24-07-2024 2/2 5.

Learned APP for the State as well as learned counsel for the Mines Department opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case 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 Barun P.S. Case No.161 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T