Renu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69880 of 2024 Arising Out of PS. Case No.-26 Year-2024 Thana- IMADPUR District- Bhojpur ====================================================== 1.

RENU RAI W/o- Digvijay Rai Village- Khairabri Ps- Khairabari DistGhazipur U.P 2.

BHEEMSHAN NARAYAN TIWARI @ BHEESHAM NARAYAN TIWARI Son of Ram Vihari Tiwari Village- Near Jagjeevan College Lala Colony w.No-21, Ps- Dehari Dist- Rohtas 3.

AJIT KUMAR TIWARY S/o- Dwarika Nath Tiwary Village- Vishnupuri Syndicate Ps- Buxar Town Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Rai Sharma For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-10-2024 Heard Mr. Manish Rai Sharma, learned counsel for the petitioners as well as Mr. Dilip Kumar No.1, learned APP for the State.

2.

The petitioners apprehends their arrest in a case registered for the offence punishable under Sections 411, 379 of the Indian Penal Code.

3.

As per the FIR, three illegal sand loaded trucks were intercepted by the informant, however the drivers of the said trucks escaped from the spot. The petitioners are the owners of the said three trucks.

4.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.69880 of 2024(2) dt.17-10-2024 2/3 petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. It is further submitted that the petitioners tried to deposit the fine amount or compound money before the Mines Department but officials asked them to bring Court order. The petitioners are ready to deposit fine or compound money of the sand which was found on the trucks i.e. 1200 CFT sand. It is further submitted that in the report of the Mining Officer it is clearly stated that the case is not registered under Section 56 of the Mines Act, hence he is unable to receive the compounding amount because the case is registered under IPC. Petitioners have no criminal antecedent. 6.

Petitioners are agreed to deposit a sum of Rs.15,000.00 (Rupees Fifteen Thousand) each in the account of Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Council Branch, Patna.

7.

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

8.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond

Patna High Court CR. MISC. No.69880 of 2024(2) dt.17-10-2024 3/3 of Rs. 25,000/- (Rupees Twenty Five Thousand) each 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 Imadpur P.S. Case No.26 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 9.

However, the bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of aforesaid in the Patna High Court Legal Services Committee.

(Anjani Kumar Sharan, J) shikha/- U T