Sadashiv Prasad Singh @ Sadashiv Prasad @ Sadashiv Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69402 of 2022 Arising Out of PS. Case No.-47 Year-2021 Thana- KACCHWA District- Rohtas ====================================================== Sadashiv Prasad Singh @ Sadashiv Prasad @ Sadashiv Singh S/o Maleshwar Singh Resident of 410, Ganeshalay Apartment, Jharudih, Near Carmel School, Matkuria, P.S. Dhanbad, District Dhanbad, Jharkhand 826001. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Mines Inspector, Rohtas Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Suraj Samdarshi, Advocate For the State :

Mr. Shyameshwar Dayal, APP For the Mines Deptt.

:

Mr. Naresh Dikshit, Spl. P.P.

Ms. Kalpana, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2023 Heard learned counsel for the petitioner, learned APP for the State as well as learned counsel appearing on behalf of Mines Department.

The petitioner apprehends his arrest in connection with Kachhawan P.S. Case No.47 of 2021, registered for the offences punishable under Sections 379, 411 and 420 of the Indian Penal Code and Rules 39(2), 39(3) and 56(2) of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019.

The allegation levelled against the petitioner is that he alongwith his employees/workers illegally stored huge quantity of sand violating the rules of licence and sold it without issuance of prepaid E-challan and thereby caused loss of Rs.78,57,400/- to the Government of Bihar.

Patna High Court CR. MISC. No.69402 of 2022(2) dt.28-02-2023 2/2 Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got criminal antecedents as stated in paragraph-3 of the bail petition. It is further submitted that in similar other cases, the petitioner has already been enlarged on anticipatory bail by this Court as well as by another co-ordinate Bench of this Court.

Learned APP for the State as well as learned counsel appearing on behalf of the Mines Department opposed the prayer for grant of anticipatory bail to the petitioner. Taking into consideration the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender 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 A.C.J.M.-IV, Bikramganj, Rohtas in connection with Kachhawan P.S. Case No.47 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T