Patna High CourtCR. MISC./77141/2023bail granted

Amiri Ray @ Amiree Roy v. The State Of Bihar

2024-01-04Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77141 of 2023 Arising Out of PS. Case No.-281 Year-2023 Thana- WARISNAGAR District- Samastipur ====================================================== Amiri Ray @ Amiree Roy Son Of Lalo Rai Resident Of Village - Bhagi Mannipur, P.S. - Warisnagar (MATHURAPUR Op), District - Samastipur ... ... Petitioner/s

Versus

The State Of Bihar Bihar 2.

Subham Kumar Singh, Mines Inspector, Samastipur Through Mines And Geology Dept., Govt. Of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhay Shankar Singh For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-01-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Warisnagar (Mathurapur O.P) P.S. Case No. 281 of 2023 dated 09.08.2023 registered for the offence punishable u/s 379 and 411 of the Indian Penal Code and Sections 4 and 21 of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation and Storage Rules, 2019).

Patna High Court CR. MISC. No.77141 of 2023(2) dt.04-01-2024 2/3

4. As per the prosecution case, the allegation against the petitioner is of storing white sand illegally without getting license from the Mining Department which caused loss of Rs. 12,99,250/-.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. It is further alleged that the petitioner has license of Mining Department, Samastipur for digging soil.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Samastipur in connection with Warisnagar (Mathurapur O.P) P.S. Case No. 281 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with

Patna High Court CR. MISC. No.77141 of 2023(2) dt.04-01-2024 3/3 further condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T