Vijay Prasad @ Vijay Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56368 of 2021 Arising Out of PS. Case No.-111 Year-2021 Thana- HULASGANJ District- Jehanabad ====================================================== Vijay Prasad @ Vijay Bind S/O Late Ram Briksh Bind R/o villageRustampur,P.S.- Hulasganj, District- Jehanabad .. ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar Sinha For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-02-2022 Heard learned counsel for the petitioner and learned A.P.P. Mr. Shyameshwar Dayal for the State Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Hulasganj P.S. Case No. 111 of 2021 instituted for the offences under Sections 379, 411 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 26.7.

2021, is a person with clean antecedent and charge-sheet has been submitted and the informant alleges that a raid was conducted at village Triloki Bigha alongside Bhutahi river against illegal mining of sand and according one JCB along with five tractors were found involved in illegal mining of sand and the person was apprehended who disclosed his name as petitioner and also that he is owner of one of the tractors, thus, it is alleged that the petitioner alongwith other accused were involved in illegal mining of sand.

Patna High Court CR. MISC. No.56368 of 2021(2) dt.23-02-2022 2/2 counsel for the petitioner submits that FIR has not been instituted under any of the Section of Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019 and the case is only under the IPC. Learned counsel further submits that the petitioner is the owner of the tractor who had gone to place of occurrence to verify whether the tractor which was hired by a person was being used for legal purpose or not and accordingly came to be implicated in the present case.

Learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody, is a person with clean antecedent and charge-sheet has been submitted, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magisrate, Jehanabad, in connection with Hulasganj P.S. Case No. 111 of 2021.

(Satyavrat Verma, J) Ravi/- U T