Anil Kumar @ Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44608 of 2023 Arising Out of PS. Case No.-466 Year-2022 Thana- SHERGHATI District- Gaya ====================================================== ANIL KUMAR @ ANIL YADAV S/O PHAUDARI YADAV R/O VillageTarba, P.S- Dobhi, Distt.- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Satyendra Prasad S/O Rampati Singh The Mines Inspector, District Mines Office Gaya.

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

For the Petitioner/s :

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

Mr. Shyameshwar Dayal , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 379/411/34 of the Indian Penal Code.

3. As per the prosecution case, this petitioner along with other co-accused persons are indulged in illegal minning of sand and storage of sand causing loss of total Rs. 19,70,25/- to the government.

4. It is submitted that petitioner has falsely been

Patna High Court CR. MISC. No.44608 of 2023(2) dt.08-08-2023 2/3 implicated in this case only on the basis of suspicion. None of the seized vehicles belongs to this petitioner.

5. However, learned counsel for the State opposes the bail petition of the petitioner and submits that he has got two criminal antecedent of similar nature.

6. Considering the aforesaid facts and and criminal antecedent of the petitioner, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned A . C . J . M. 1st Sherghati at Gaya in connection with Sherghati (Dobhi) P.S. case no 466 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure and petitioner is directed to deposit Rs. 25,000/- at the time of furnishing bail bond in the Court below and attach the receipt of the deposit with the bail bond failing which, the learned court below would be at liberty to cancel the bail-bond.

7. It is made clear that without going into the merit of the case, this order has been passed for the purpose of bail and payment of aforesaid amount shall be subject to the final

Patna High Court CR. MISC. No.44608 of 2023(2) dt.08-08-2023 3/3 outcome of the case.

(Prabhat Kumar Singh, J) Kaushik/- U T