Sujeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69892 of 2022 Arising Out of PS. Case No.-175 Year-2022 Thana- ROHTAS District- Rohtas ====================================================== SUJEET KUMAR S/O VIJAY SINGH Resident of village- Parariya PostTilauthu, P.S.- Rohtas (Amjhor), District- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Chandra Mohan Jha, Advocate For the State :
Mr. Shyameshwar Dayal, APP For the Mines Deptt.
:
None ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-01-2023 Heard learned counsel for the petitioner and learned APP for the State. Name of Mr. Naresh Dikshit is appearing in the daily cause list on behalf of the Mines Department, but today none appears on behalf of the Mines Department The petitioner apprehends his arrest in connection with Rohtas (Amjhor) P.S. Case No.175 of 2022, registered for the offences punishable under Sections 379, 411, 413, 414, 417, 420 and 201 of the Indian Penal Code, Section 56(i), 56(ii) of the Bihar Mineral (Concession Prevention of Illegal Mining Transportation & Storage) Rules, 2019 and Section 15 of the Environment Protection Act.
The prosecution case, in brief, is that on 17.05.2022 at about 21.45 p.m. during course of patrolling, the informant got secret information about illegal mining of sand from Chitauli
Patna High Court CR. MISC. No.69892 of 2022(2) dt.31-01-2023 2/3 Ghat. The information transmitted the said information to his superior officer and verified the information with local Chaukidar. When the police party reached the place, the accused persons fled away leaving the tractor at the place of occurrence. The local Chaukidar has identified the accused persons. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got one criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that similarly situated other co-accused persons have already been enlarged on anticipatory bail by this Court as well as by a different co-ordinate Bench of this Court vide order dated 19.12.2022, passed in Cr. Misc. No.51993 of 2022, order dated 03.01.2023, passed in Cr. Misc. No.58747 of 2022 and order dated 19.01.2023, passed in Cr. Misc. No.68303 of 2022.
Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.
Considering the fact that similarly situated other coaccused persons have already been enlarged on anticipatory bail by this Court as well as by a co-ordinate Bench of this Court, let petitioner, above named, in the event of his arrest or surrender
Patna High Court CR. MISC. No.69892 of 2022(2) dt.31-01-2023 3/3 before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Dehri-On-Sone, District Rohtas in connection with Rohtas (Amjhor) P.S. Case No.175 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjani Kumar Sharan, J) S.KUMAR/- U T