Birendra Sah @ Virendra Sah @ Virendra Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1965 of 2021 Arising Out of PS. Case No.-200 Year-2020 Thana- DHURAIYA District- Banka ====================================================== Birendra Sah @ Virendra Sah @ Virendra Kumar Sah Son Of Gopi Sah Resident Of Village - Alang (ALANG Parghari), P.S. - Sabour, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bharat Lal, Advocate For the Opposite Party/s :

Mr. Vinod Kumar Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioner is apprehending his arrest in a case registered under Sections 379, 411, 120 of the Indian Penal Code and Section 56 of Bihar Mineral Concession of Illegal Mining Transportation and storage Rule 2019 and Section 21 of MMDR Act 1957 and Section 15 of Environment Protection Act 1986.

Allegation is that 60 CFT sand was loaded on the vehicle and the driver of the vehicle failed to show any paper in

Patna High Court CR. MISC. No.1965 of 2021(2) dt.08-07-2021 2/3 respect of loaded sand.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. On the vehicle in question, illegal sand is said to have been found. The petitioner had no knowledge that the vehicle in question was run as public carrier by the driver. The petitioner is alleged to be the owner of the vehicle in question. The driver of the vehicle has already been granted regular bail by the court below.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Dhoraiya P.S. case No.200 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall

Patna High Court CR. MISC. No.1965 of 2021(2) dt.08-07-2021 3/3 furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T