Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54720 of 2024 Arising Out of PS. Case No.-510 Year-2020 Thana- AMARPUR District- Banka ====================================================== Rakesh Kumar SON OF NARAYAN PRASAD SINGH @ NARAYAN SINGH VILLAGE- BIRMA, PS- AMARPUR, DIST- BANKA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-09-2024

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for grant of anticipatory bail apprehending his arrest in connection with Amarpur P.S. Case no.510 of 2020 registered for the offence punishable under sections 379, 411 and 34 of the Indian Penal Code, section 56 of the Bihar Minerals (Concession, Prevention of illegal Mining, Transportation and Storage) Rules, 2019, section 21 of MMDR Act, 1957 and section 15 of the Environment Protection Act.

3. As per allegation in the F.I.R, on a raid being conducted while the accused persons managed to escape, it is stated that a tractor loaded with sand and two motorcycles were seized. The accused persons were involved in illegal mining.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.54720 of 2024(2) dt.02-09-2024 2/2 the petitioner has been falsely implicated in the case as it was under an incorrect impression that his motorcycle was wrongly seized while parked outside his house. He has no concern either with the seized tractor nor with the alleged illegal mining. He has no criminal antecedent and undertakes to cooperate in the trial.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R., the petitioner not having any concern with the seized tractor and not having any criminal antecedent, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Amarpur P.S. Case no.510 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka.

Bibhash/- (Partha Sarthy, J) U T