Manoj Singh @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10027 of 2021 Arising Out of PS. Case No.-399 Year-2020 Thana- GRIYAK District- Nalanda ====================================================== MANOJ SINGH @ MANOJ KUMAR Son Of Yadu Singh Resident Of Village - Sithaura, P. S. - Rajgir, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar No.1 For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-12-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 353, 379, 427, 504 of the Indian Penal Code and Rule 56 of Bihar Mineral (Concession, Ilegal Mining, Transportation, Storage) Act, 2019 and Rule 4/12 of M.M. (D.R.) Act, 1957.

Allegedly, some persons were illegally excavating and carrying sand.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation

Patna High Court CR. MISC. No.10027 of 2021(2) dt.24-12-2021 2/2 of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. The petitioner happens to be owner of the truck, in question, on which, sand was being carried out. The petitioner had no intention to commit illegal mining.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Nalanda in connection with Giriyak P.S. Case No. 399 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T