Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68724 of 2023 Arising Out of PS. Case No.-531 Year-2023 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Sudhir Kumar S/O Late Arjun Sharma R/O Village- Chandh, P.SMakhdumpur, Distt.- Jehanabad. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Mining Officer, Jehanabad. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 379 and 411 of the Indian Penal Code; Rules 4 and 21 of the M.M.D.R. Act; Rules 11 and 43 of the Bihar Minor Mineral Concession and Illegal Mining Transportation and Storage Rule, 2019 and Rule 56 of the Amendment Rule, 2021.

3. The allegation against the petitioner along with others is of involving in illegal mining of sand and its storage.

Patna High Court CR. MISC. No.68724 of 2023(2) dt.01-11-2023 2/3

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has neither any concern with the alleged storage of sand nor he is concerned with illegal mining of sand. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 29.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. The petitioner is directed to deposit Rs. 50,000/- (Fifty thousand) at the time of filing of his bail bond in the account of concerned District Mining Office.

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IV, Jehanabad in connection with Makhdumpur P.S. Case No. 531 of 2023.

8. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.

Patna High Court CR. MISC. No.68724 of 2023(2) dt.01-11-2023 3/3 50,000/- (fifty thousand) by the petitioner in the account of concerned District Mining Office.

(Sunil Kumar Panwar, J) Arish/- U T