Kaushalendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71334 of 2021 Arising Out of PS. Case No.-92 Year-2021 Thana- SIGORI District- Patna ====================================================== KAUSHALENDRA KUMAR, Son of Late Lakhan Yadav Resident of village - Masurchak, P.S. and District - Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parashuram Singh, Advocate For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-06-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

Learned counsel for the petitioner is permitted to remove the defect/(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner is apprehending his arrest in Sigori P.S. Case No. 92 of 2021 registered for the offences punishable under Sections 379 of the Indian Penal Code and Section 38(3)/38(6) of the Bihar Minerals (Concession, Prevention of illegal Mining, Transportation and Storage Rules, 2019).

Allegation against the petitioner is that he is operating the brick-kiln factory and manufacturing Chaman mark bricks without taking permission of the concerned authority. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case causing

Patna High Court CR. MISC. No.71334 of 2021(2) dt.08-06-2022 2/2 unnecessary harassment to the petitioner. He further submits that the raid was conducted in off season when the brick-kiln factory was not in operation and the petitioner has done nothing illegal and he has got no criminal antecedent.

Learned APP on behalf of the State has opposed the anticipatory bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, abovenamed, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned I/c ACJM-III, Danapur in connection with Sigori P.S. Case No. 92 of 2021, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure with further condition that he will file an undertaking before the learned court below that he will not manufacture the bricks without permission of the concerned authority in future and in case of violation of the said conditions the learned court below may cancel the bail granted to petitioner. (Sunil Dutta Mishra, J) khushbu/- U T