Vinod Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3133 of 2021 Arising Out of PS. Case No.-119 Year-2020 Thana- DAWATH District- Rohtas ====================================================== 1.

VINOD KUMAR SINGH Son of Kashinath Singh Resident of Village - Kodariya, P.S.- Dinara, distt.- Rohtas 2.

BALWANT SINGH Son of Ram Rishi Singh Resident of Village - Bishunpur, P.S.- Dinara, distt.- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-04-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 379 and 411 of the Indian Penal Code and 40(1) of Bihar Mines Mineral Act, ,1972.

The prosecution allegation, in short, is that while the police reached the place of occurrence, the accused persons were involved in illegally excavation of sand from river. It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.3133 of 2021(2) dt.13-04-2021 2/2 the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is alleged that sand was being loaded on the tractor in question. The petitioner no. 1 is the owner of the Tractor while petitioner no. 2 is the driver of the tractor. They had no knowledge that the sand in question was loaded by way of illegal mining.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six 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 learned A.C.J.M. -1, Bikramganj, Rohtas in connection with Dawath P.S. Case No. 119/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T