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Patna High CourtCR. MISC./58747/2022allowed

Ravindra Kumar @ Ravindra Yadav v. The State Of Bihar

2023-01-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58747 of 2022 Arising Out of PS. Case No.-175 Year-2022 Thana- ROHTAS District- Rohtas ====================================================== RAVINDRA KUMAR @ RAVINDRA YADAV Son of Late Lalan Yadav Resident of village - Chitouli, P.S.- Amjhour, Dist.- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rani Kumari, Adv.

For the Opposite Party/s :

Mr.Shyameshwar Dayal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-01-2023 Heard the parties.

The petitioner apprehend his arrest in a case registered for the offences punishable under Sections 379, 411, 413, 414, 417, 420, 201 IPC and u/s 56(1), 56(ii) Bihar Mineral/Concession Prevention of illegal Mining Transportation Storage Rule 2019 and u/s 15 Environmental Act.

Allegedly, on secret informant about the illegal mining of sand from Chitauli Ghat, informant along with police personnel reached there. During raid, the accused persons left the tractor and fled away after seeing the police party and the local Chowkidar identified this petitioner as one of the persons who fled away from the place of occurrence.

It is submitted by learned counsel for the petitioner that he is quite innocent and has not committed any offence as

Patna High Court CR. MISC. No.58747 of 2022(2) dt.03-01-2023 2/2 alleged in the aforesaid FIR. He has been falsely implicated in this case only on suspicion. Petitioner has got no concern with the seized vehicle and sand. He has no arrested at the spot. His name has been transpired in this case only on the basis of confessional statement of Chowkidar. It is further submitted that similarly situated co-accused has been granted anticipatory bail in Cr.Misc. No. 51993 of 2022 vide order dated 19.12.2022. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 Rohtas (Amjhour) P.S. Case No. 175 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T