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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68755 of 2022 Arising Out of PS. Case No.-141 Year-2021 Thana- TILAUTHU District- Rohtas ====================================================== SADASHIV PRASAD SINGH @ SADASHIV PRASAD @ SADASHIV SINGH S/O Maleshwar Singh R/O 410, Ganeshalay Apartment, Jharudih, Near Carmel School, Matkuria, P.S- Dhanbad, District- Dhanbad, Jharkhand 826001 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

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

For the Petitioner/s :

Mr.Suraj Samdarshi, Adv.

For the Opposite Party/s :

Mr.Shyameshwar Dayal, APP For the Mines :

Mr.Naresh Dixit, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-02-2023 Heard learned counsel for the petitioner, learned counsel for the Mines Department and learned APP for the State. Petitioner apprehends his arrest in a case registered for the offence punishable u/s 379, 411 and 420 of the IPC and Rule 11, 39 and 56 of the Bihar Mineral (Concession, Prevention of Illegal Mining, Transportation and Storage) Rules, 2019. The allegation against the petitioner is that he along with other accused persons illegally stored huge quantity of sand violating the rules of license and sold it without issuance of prepaid E-challan and caused loss of Rs.1,57,77,600/- to the Government of Bihar.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He

Patna High Court CR. MISC. No.68755 of 2022(3) dt.07-02-2023 2/2 has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. He is not named in the F.I.R. and his name transpired in this case during course of investigation. There is no specific allegation against the petitioner. Petitioner has twenty eight criminal antecedent and similarly situated co-accused has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 13.09.2022 passed in Cr. Misc. No.23928 of 2022. Learned APP for the State opposed the prayer for bail.

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 Tilhautu P.S. Case No.141 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.