Nagendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42789 of 2022 Arising Out of PS. Case No.-119 Year-2021 Thana- DARIHAT District- Rohtas ====================================================== NAGENDRA SINGH SON OF LALAN SINGH R/O VILLAGETETARIYA MORE, P.S.- UDWANT NAGAR, DISTRICT- BHOJPUR AT ARA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nawal Kishor Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-12-2022 Heard learned counsel for the petitioner and learned APP for the State. Nobody appears on behalf of the Mines Department.

Learned counsel for the petitioner undertakes to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner apprehends his arrest in connection with Darihat P.S. Case No.119 of 2021, registered for the offences punishable under Sections 379, 411, 414/34 of the Indian Penal Code, Sections 56(1), 86(2) of the Bihar Minor Mineral (Concessions Prevention of Illegal Mining, Transportation & Storage) Rules, 2019, Section 15 of the Environment Protection Act, 1986 as well as under Sections 52,

Patna High Court CR. MISC. No.42789 of 2022(2) dt.01-12-2022 2/3 33, 41 and 42 of the Forest Act.

The allegation against the petitioner is that he is the owner of the truck from which stone chips was being carried illegally.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that the petitioner is made accused in the present case as he is the owner of the said truck. It is submitted that the driver and cleaner of the truck were apprehended at the spot and they disclosed the name of the petitioner.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Considering the fact that no specific overt act is alleged against the petitioner, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Dehri-onSone, District Rohtas in connection with Darihat P.S. Case

Patna High Court CR. MISC. No.42789 of 2022(2) dt.01-12-2022 3/3 No.119 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) Sanjay/- U T