Lalan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64355 of 2022 Arising Out of PS. Case No.-56 Year-2021 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Lalan Singh Son of Late Bishuni Singh @ Late Bishnu Singh R/O VillageLerua, P.S.- Sasaram (Muffasil), District- Rohtas ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. The accused/petitioner is named in F.I.R. and apprehending his arrest in connection with Sasaram (M) P.S. Case No. 56/2021 registered for the offences punishable under Sections 379, 411 of the Indian Penal Code and 56 of Bihar Minerals Rules.

The allegation against this petitioner is to involve in illegal mining of sand and business activities arises thereof along with other co-accused persons.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.64355 of 2022(2) dt.22-05-2023 2/3 submitted that the land in issue, where alleged illegal sand was kept has already been sold back by this petitioner to one Smt. Parmeela Devi, as per details mentioned in Annexure-II, which is the part of present bail petition. It is submitted that out of said misconceptions, petitioner also found involved in three more criminal cases of similar nature, where he has already on bail. It is submitted that the offence under Mining Act/Rules is bailable in nature but only to aggravate the allegation the provision of Section 379 of Indian Penal Code appears to be imported. While concluding the argument it is submitted that one of the co-accused persons, namely, Ajay Singh has already been granted bail by one of the Co-ordinate Bench of this Court through Cr. Misc. No. 53047 of 2022 vide order dated 17.01.2023.

Learned APP for the State opposes the prayer of bail. Considering the aforesaid facts and circumstances and by taking note of the fact as land in issue, where alleged illegal sand found stored has already been sold by this petitioner, let the above named petitioner, in the event of his arrest or surrender before the Court below within a period of four weeks of this order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of

Patna High Court CR. MISC. No.64355 of 2022(2) dt.22-05-2023 3/3 the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram/concerned Court, where the case is pending in connection with Sasaram (M) P.S. Case No. 56 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J) Archana/- U T