Amardeep Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53486 of 2022 Arising Out of PS. Case No.-120 Year-2020 Thana- RUDRAPUR District- Madhubani ====================================================== AMARDEEP KUMAR GUPTA S/O SUBHAS PRASAD GUPTA Resident of Village- Dullipatti, P.S.- Jaynagar, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-01-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Rudrapur P.S. Case No. 120 of 2020, registered for the offences punishable under Sections 379/34 of the Indian Penal Code and Sections 4(1)(A) M.M.R.D. Act 1957 and 56 of the Bihar Minerals Concession Prevention of Illegal Mining Transposition and Stores Rule 2019.

As per allegation, some vehicles were seized, alleged to engage in illegal mining of sand.

The learned counsel for the petitioner has submitted that he is owner of one J.C.B. machine and he has leased out

Patna High Court CR. MISC. No.53486 of 2022(2) dt.30-01-2023 2/2 that J.C.B. in favour of Gautam's Construction Company, who was contractor of a bridge. That contract was given by the Government. He has falsely been implicated merely because he is owner of that J.C.B. machine. He is a person of clean antecedent and other co-accused persons have been granted anticipatory bail.

Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Jhanjharpur District-Madhubani in connection with Rudrapur P.S. Case No. 120 of 2020, subject to condition as laid down under section 438(2) Cr. P.C. Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Nirmal/Kundan U T