Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63481 of 2024 Arising Out of PS. Case No.-684 Year-2022 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Rajeev Kumar Son of Ram Prawesh Sharma Village -Sabdalpur, Police Station- Makhdumpur, District -Jehanabad ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Mines Inspector-cum- Competent Officer, Department of Mines, Jehanabad bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Ranjan For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 379, 411, 420, 34 of the Indian Penal Code.

3. Allegation against the petitioner is of excavating and keeping storage of sand 15000cft illegally by violating the Provision of Mines Act.

4. Learned counsel for the petitioner submits that the petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that the land in question where the sand was stored belongs to the ancestors

Patna High Court CR. MISC. No.63481 of 2024(2) dt.04-10-2024 2/2 of the petitioner. He submits that similarly situated co-accused has already been granted bail by this Court vide order dated 08.05.2023 passed in Cr. Misc. No. 12026 of 2023. He further submits that petitioner has three criminal antecedents as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Makhdumpur P.S. Case No. 684 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T