Chandan Singh @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72218 of 2022 Arising Out of PS. Case No.-288 Year-2022 Thana- AKBARPUR District- Nawada ====================================================== CHANDAN SINGH @ CHANDAN KUMAR Son of Rajan Singh @ Ranjan Singh R/V- Malikpur, P.S- Akbarpur, Distt- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Akbarpur P.S. Case No. 288 of 2022 registered for the offence under Section 379/411 of I.P.C. and Section 21 of MM (DR) Act, 1957 and Section 15 of Environment Protection Act, 1986.

The accused/petitioner is named in the F.I.R. and is in custody since 17.08.2022.

The allegation against the petitioner is to engage in illegal mining of sand.

Learned counsel appearing on behalf of the petitioner submitted that fine was imposed upon petitioner and in furtherance of that petitioner already deposited Rs. 3,22,500/- (Rupees Three lakh twenty two thousand and five hundred) with informant as per the

Patna High Court CR. MISC. No.72218 of 2022(2) dt.24-12-2022 2/2 details available with Annexure-II of this bail petition. It is further pointed out that implication of this petitioner was made out of suspicion arises from his criminal antecedents, as he found involved in 4 (four) different cases, where he is on bail in 3 (three) cases. While concluding the argument, it has been submitted that investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as petitioner deposited fine of Rs. 3,22,500/- with informant, where petitioner is in custody since 17.08.2022, coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Akbarpur P.S. Case No. 288 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court of A.C.J.M.-I, Nawada/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

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