Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63280 of 2023 Arising Out of PS. Case No.-466 Year-2022 Thana- SHERGHATI District- Gaya ====================================================== Jitendra Kumar S/O Ramdev Sah @ Ramdev Saw R/O Village- Hardawan, Ps. Dobhi, Distt. Gaya ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Satyendra Prasad S/O Rampati Singh The Mines Inspector, District Mines Office Gaya ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Advocate For the Opposite Party/s :
Mr. Shyameshwar Dayal, APP For Mines Department :
Mr. Naresh Dikshit, SPL PP Mr. Brij Bihari Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State as well as the informant.
2. The petitioner apprehends arrest in connection with Sherghati (Dobhi) P.S. Case No. 466 of 2022 dated 09.06.2022 instituted for the offence punishable under Sections 379, 411/34 of the Indian Penal Code and Section BM (CPIMTS) U/s 56 and MM (D&R) Act U/s 21.
3. The prosecution case, in short, is that the Mining Officer (informant), on the basis of secret informant, conducted a raid and the local people disclosed that the petitioner and other co-accused persons are indulged in illegal mining of sand from Nilanjana river and they have mined 100 feet in length, 60 feet
Patna High Court CR. MISC. No.63280 of 2023(2) dt.17-10-2023 2/3 in breadth and 02 feed in height sand from the said river. It is also alleged that during course of raid, the Mining officer caught three tractors loaded with 125 Cft sand in each tractor but the drivers of the said tractors managed to escape away.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that petitioner is neither the owner of the tractors nor the driver of the said seized tractors. The name of the petitioner has transpired in this case only on the basis of the information given by the local people. Learned counsel for the petitioner further submits that similarly situated co-accused, namely, Vinay Kumar @ Arvind Kumar has been granted anticipatory bail vide order dated 21.07.2023 passed by a co-ordinate Bench of this Court in Criminal Miscellaneous No. 34531 of 2023. Lastly, it has been submitted that petitioner has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Sherghati (Dobhi) P.S.
Patna High Court CR. MISC. No.63280 of 2023(2) dt.17-10-2023 3/3 Case No. 466 of 2022, he will be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- 1st Sherghati at Gaya, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) premchand/- U T