Patna High CourtCR. MISC./52548/2023bail granted

Dhaka Gop @ Satyendra Ray v. The State Of Bihar

2024-03-05Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52548 of 2023 Arising Out of PS. Case No.-666 Year-2022 Thana- SONEPUR District- Saran ====================================================== DHAKA GOP @ SATYENDRA RAY S/O SHANKAR RAY @ RAMASHANKAR RAY R/O VILLAGE- SABALPUR PACHHIYARI TOLA, P.S- SONEPUR, DISTT.- SARAN AT CHAPRA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shambhu Prasad Yadav, Adv.

For the Opposite Party/s :

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Learned counsel for the petitioner is permitted to file supplementary affidavit in course of the day and the same is kept on record.

3. The petitioner is apprehending his arrest in a case in connection with Sonepur P.S. Case No. 666 of 2022 dated 03.09.2022 registered for the offence/s punishable u/ss 188, 379 and 420 of the Indian Penal Code and section 4/21 MMDR Act and 11/56 Bihar illegal mining Storage and Transportation Act and section 15 of the Environment Act.

4. As per the prosecution case, police seized two trucks loaded with red sand and the drivers of the said truck were apprehended who disclosed the name of the petitioner that both the

Patna High Court CR. MISC. No.52548 of 2023(5) dt.05-03-2024 2/2 trucks were loaded and passed by the petitioner.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the said trucks. The petitioner has two other criminal antecedents as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Saran at Chapra in connection with Sonepur P.S. Case No. 666 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T