Patna High CourtCR. MISC./64300/2023dismissed

Sudhanshu Kumar v. The State Of Bihar

2023-10-16Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64300 of 2023 Arising Out of PS. Case No.-59 Year-2023 Thana- BIND District- Nalanda ====================================================== SUDHANSHU KUMAR son of Vijay Kumar Village- Jodhan Bigha PsBelchi Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Rina Sinha, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 379 and 411/34 of the I. P . C .

3. Allegation against the petitioner is that he along with other co-accused persons used to excavate and transport the illegal sand and soil by hired Hywa trucks using Poclain and JCB from Jarain river situated at village Nourang, One Hywa truck bearing Registration No. NL02N 8687, loaded with illegal sand and motorcycle bearing Registration No. BR 01CD 1222

Patna High Court CR. MISC. No.64300 of 2023(2) dt.16-10-2023 2/2 were recovered from the place of occurrence and accordingly seizure has been prepared. Petitioner has caused, loss of Rs. 14,81000/- of Government revenue by illegally mining the sand and soil.

4. It is submitted on behalf of the petitioner that the petitioner is innocent, has committed no offence and he has falsely been implicated in this case. There is no independent witness in the seizure list. The petitioner is neither owner nor driver of the seized vehicles. The only allegation against the petitioner is that out of somewhere secret information popped up that the petitioner is engaged in illegal sand mining.

5. Learned counsel for the State opposes the prayer for bail and submitted that this petitioner was found indulged in illegal mining of sand without permission and has got one criminal antecedent of similar nature .

6. Considering the nature of accusation and also the fact that petitioner has got one criminal antecedent of similar nature , prayer for pre-arrest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Koushik/- U T