Vijay Kumar Ravi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52323 of 2018 Arising Out of PS. Case No.-45 Year-2018 Thana- MADANPUR District- Aurangabad ====================================================== Vijay Kumar Ravi S/o Late Balindra Nath Singh, R/o Vill. & P.O.- Manika , P.S.- Madanpur, Distt.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 4(1), 4(1-A) of Mines Mineral & Concession Rules, 1957 and 26(A), 27 and 40 of the Bihar Mines and Mineral & Concessions Rules, 1972.

The prosecution case, in short, is that without paying the royalty fee, the accused persons were running brick kilns. 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 been made accused due to mistake of fact. It has been submitted on behalf of the petitioner that royalty fee has already been deposited for the F.Y.-2015-16 with

Patna High Court Cr.Misc. No.52323 of 2018(2) dt.07-09-2018 2/2 the Mining Department, State of Bihar to the tune of Rs. 71,775/- and Rs. 1535/- vide D.D. Nos. 043588 and 043592 both dated 2.12.2016. Other co-accuseds have been granted anticipatory bail vide Annexure-2 series to this application. On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, 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 Chief Judicial Magistrate, Aurangabad in connection with Madanpur P.S. Case No. 45/18, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T