Md. Danish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61274 of 2023 Arising Out of PS. Case No.-240 Year-2021 Thana- PARAIYA District- Gaya ====================================================== MD. DANISH S/O MD. AJMAL HUSSAIN @ AMJAD HUSSAIN @ MD. AJMA ALAM R/O Near Masjit at VILLAGE- SUDHANI, P.S- PARAIYA, DISTT.- GAYA.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

THE DISTRICT MINING OFFICER, GAYA. BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivendra Prasad, Advocate For the Opposite Party/s :

Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 27-02-2024 Heard Mr. Shivendra Prasad, learned counsel appearing on behalf of the petitioner and Mr. Shyameshwar Dayal, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Paraiya P.S. Case No. 240 of 2021 dated 17.11.2021 registered for the offence(s) punishable under Sections 379/411 of the Indian Penal Code, Section 21 of the Mines and Minerals (Development and Regulation) Act and Rule 56 of the Bihar Minerals (Concession, Prevention of Illegal Mining Transportation and Storage) Amendment Rules.

3. As per the allegation made in the FIR, three trucks were seized loaded with sand, out of these trucks, truck bearing

Patna High Court CR. MISC. No.61274 of 2023(4) dt.27-02-2024 2/3 Registration No. BR02T-0239 belongs to the petitioner.

4. Learned counsel appearing on behalf of the petitioner submitted that offence is compoundable under Section 56(2) of the Bihar Minerals (Concession, Prevention of Illegal Mining Transportation and Storage) Amendment Rules and seeks to deposit the amount of compensation in accordance with the provision of the said Section.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the rival submissions made on behalf of parties, as well as, the provision of Section 56(2) of the Bihar Minerals (Concession, Prevention of Illegal Mining Transportation and Storage) Amendment Rules, the petitioner is directed to submit the compounding fee, as well as, the amount of penalty, if any, before the District Mining Officer. The District Mining Officer, after being satisfied, is directed to issue certificate to the extent that the offence has been compounded after the petitioner has deposited the required amount of penalty. The above exercise is required to be carried out within a period of four weeks from the date of passing of the this order. The District Mineing Officer or competent authority-cum-District Magistrate must not delay to act upon before the expiry of four

Patna High Court CR. MISC. No.61274 of 2023(4) dt.27-02-2024 3/3 weeks.

7. In case, the petitioner is able to file the certificate, duly granted by the competent authority, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of eight weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Paraiya P.S. Case No. 240 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

8. With the aforesaid observation/direction, the application stands disposed of.

(Purnendu Singh, J) Sanjay/- U T