Dinesh Kumar @ Dinesh Kumar Gupta @ Dinesh Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12394 of 2017 Arising Out of PS.Case No. -288 Year- 2016 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ====================================================== Dinesh Kumar @ Dinesh Kumar Gupta @ Dinesh Gupta Son of Late Jagnarayan Sah, Resident of Village- Karbandia, P.S.- Sasaram Mufassil, District- Rohtas at Sasaram.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Binod Singh For the Opposite Party/s : Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-04-2017 The petitioner is apprehending his arrest in connection with Dihri Town P.S. Case No. 288 of 2016 registered for offences punishable under Sections 147, 149, 337, 353, and 379/44 of the Indian Penal Code and Section 04(1-a), 21(1) D.E. Act, 40(1) of the Bihar Mining Act, 33/41/42 of the Indian Forest Act and 47(a)(e) of the Bihar Amended Excise Act,2016. The allegation against the petitioner is that he is involved in illegal construction of stones chips etc. at Jamuhar Crusher Mandi. When the informant and other police personnel as also officials of forest reached there, the petitioner along with other labours started pelting stones upon them and obstructing in discharging their official duties.

Patna High Court Cr.Misc. No.12394 of 2017 (5) dt.25-04-2017 2/3 It has been submitted on behalf of the petitioner that there is no allegation against him for illegal construction of stones chips and also the allegation of assault is general and omnibus. Heard learned A.P.P. and learned counsel for mine. The learned counsel for the mine has made prayer for disposal of the case Considering the facts and circumstances of the case, let the petitioner named above, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Sub-divisional Judicial Magistrate, Dihri, Rohtas, in connection with Dihri Town P.S. Case No. 288/2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the

Patna High Court Cr.Misc. No.12394 of 2017 (5) dt.25-04-2017 3/3 prosecution is free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) Ravi/- U T