Patna High CourtCR. MISC./52549/2019dismissed

Ramnath Kumar v. The State Of Bihar

2019-08-22Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52549 of 2019 Arising Out of PS. Case No.-45 Year-2019 Thana- KIUL District- Lakhisarai ====================================================== RAMNATH KUMAR, aged about 22 years, male, S/o Bilo Yadav @ Billo Yadav R/O Village- Pacham, P.S. Kiul, District- Lakhisarai. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ravi Bhusan Prasad No. 1 Mr. Manoj Kumar, Advocates.

For the Opposite Party:

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 337, 338, 332, 333, 353, 307, 379, 411, 34 of the Indian Penal Code, Section 04/40 Bihar Minor Mining Concession Act, 1972 and 04/06/08 of the Bihar Control of Prevention of Illegal Transportation and Storage Rules, 2003, Section 15 of Environment Act, 1986 registered in connection with Kiul P.S. Case No. 45 of 2019.

3. It is submitted that the petitioner has been falsely implicated on the accusation that his tractor and trailer was found loaded with illegally extracted sand. The petitioner is the owner of the subject tractor and trailer and submits that he had no knowledge about the illegally loaded sand. Similarly situated

Patna High Court CR. MISC. No.52549 of 2019(2) dt.22-08-2019 2/2 co-accused Dayanand Kumar has been granted anticipatory bail by order dated 16.08.2019 in Cr. Misc. No. 50861 of 2019.

4. Having regard to the nature of accusation and the gravity of the offence alleged, I am not persuaded to take a similar view as in the case of aforesaid co-accused Dayanand Kumar and the anticipatory bail petition stands dismissed.

5. If the petitioner surrenders and seeks regular bail before the learned Court below the same shall be considered on its own merit in accordance with law, without being prejudiced by any observation in the present order.

(Vikash Jain, J) Ibrar/Chandran U T