Anil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43289 of 2022 Arising Out of PS. Case No.-690 Year-2020 Thana- MANER District- Patna ====================================================== ANIL KUMAR SINGH S/O MITHILESH SINGH Resident of villageSuarmarwa Pasichimi, P.O.- Patila, P.S.- Maner, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 379 and 120(b)/34 of the Indian Penal Code and Sections 56(1) of the Bihar Minerals (Concession, Prevention of Illegal Mining Transportation and Storage) Rules, 2019.

Allegedly, it is a case of illegal mining of sand and while the police raided on spot, seized one Pocklane machine, two Laptops, two printer machines and cash of Rs.8,11,230/-. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that nothing has been recovered from the conscious possession of the petitioner. He further submits that

Patna High Court CR. MISC. No.43289 of 2022(2) dt.09-12-2022 2/2 the matter of agreement executed between this petitioner and owner of the Pocklane machine, namely, Majhar Khan, is not true and in this respect just a formal agreement had been executed for two years and it was in the process of registration and in the meantime, the said pocklane machine was retained by the said owner.

Considering the aforesaid submissions, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Miss Chandani Gupta, Judicial Magistrate, Judicial Magistrate, Ist Class, Danapur/concerned Court in connection with Maner P.S. Case No. 690 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U