Ajeet Kumar @ Ajit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53556 of 2023 Arising Out of PS. Case No.-270 Year-2023 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== AJEET KUMAR @ AJIT KUMAR S/O GARIBNATH RAY R/O VILLAGEMISRAURIYA AFJALPUR, PS. P. BELSAR, DIST. VAISHALI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amar Kumar Singh For the Opposite Party/s :
Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Samastipur Mufassil P.S. Case No. 270 of 2023 dated 14.05.2023 registered for the offences punishable u/s 379 and 411 of the Indian Penal Code an Bihar Minerals (Concession, Prevention of illegal Mining, Transportation and Storage) Rules, 2019 Amendment Act, 2021 Rule 56(2) and M.M. (D&R) 1957 Rule 21.
3. As per the prosecution case, this petitioner was apprehended on the spot, as he was involved in illegal mining of sand from the bank of Budhi Gandak River.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.53556 of 2023(2) dt.25-08-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition.The petitioner is in custody since 15.05.2023.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to 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 learned Court concerned, Samastipur in connection with Samastipur Mufassil P.S. Case No. 270 of 2023.
7. The application stands allowed.
(Chandra Prakash Singh, J) Alok Verma/- U T