Gautam Kunal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58623 of 2021 Arising Out of PS. Case No.-105 Year-2021 Thana- MAHINDWARA District- Sitamarhi ====================================================== Gautam Kunal S/O Vinay Kumar Singh R/O Village-Shri Krishan Nagar Basti, Gobarsahi, P.S-Sadar, District-Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner :

Mr. Shanti Bhushan Singh For the State :

Mr. Rajendra Singh For the Mines Deptt.

:

Mr. Naresh Dikshit, Spl. P.P. Mines Mr. Sumit Shekhar Pandey, AC to Spl. P.P. Mines ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-08-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in connection with Mahindwara P.S. Case No.105 of 2021, registered for the offences punishable under Sections 341, 353, 379, 307 and 427/34 of the Indian Penal Code.

Allegedly, a truck was seized for illegal transportation of stone of which the petitioner is the owner. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the petitioner has already deposited Rs.2,14,000/- in the Mines Department and Rs.74,000/- in the Transport Department. It is submitted that the petitioner has got no criminal antecedent as stated in para-3 of

Patna High Court CR. MISC. No.58623 of 2021(4) dt.29-08-2022 2/2 the bail application.

Learned counsel appearing on behalf of the Mines Department does not dispute the aforesaid fact. Taking into consideration the fact that the petitioner has already deposited the loss amount, as aforesaid, in the concerned departments, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sitamarhi in connection with Mahindwara P.S. Case No.105 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

However, the bail bond of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs.2,14,000/- in the Mines Department and Rs.74,000/- in the Transport Department.

(Anjani Kumar Sharan, J.) Sanjay/- U T