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Patna High CourtCR. MISC./69357/2024allowed

Sujit Sharma @ Sujeet Sharma v. The State Of Bihar

2025-02-07Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69357 of 2024 Arising Out of PS. Case No.-123 Year-2022 Thana- DUMARIYA District- Gaya ====================================================== Sujit Sharma @ Sujeet Sharma Son of Kailash Sharma Resident of VilalgeSalaiya, P.S.- Dumariya, Distt.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 147, 148, 341, 323, 353, 379 and 504 of the Indian Penal Code and Section 33 (b)/41 of the Indian Forest Act.

3. The petitioner along with other accused persons are said to have involved in illegal mining of stone chip, which was being done within the area of forest land, causing immense loss to the government exchequer as well as damaging the ecosystem of forest.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against

Patna High Court CR. MISC. No.69357 of 2024(2) dt.07-02-2025 2/2 the petitioner is not specific rather general and omnibus in nature. It is further submitted that the petitioner is not named in the F.I.R. and actually he is the real owner of the said tractor which he had sold to one Nafis Alam but the D.T.O. Office has not transferred the name of the Nafis Alam. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Dumariya P.S. Case No. 123 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T