Shrawan Kumar @ Sarwan Kumar @ Shravan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75552 of 2024 Arising Out of PS. Case No.-397 Year-2024 Thana- RAJAOLI District- Nawada ====================================================== Shrawan Kumar @ Sarwan Kumar @ Shravan Kumar S/O- Kuleshwar Prasad @ Fuleshwar Prasad Village- Khudkarma @ Karma Khurd Ps- Sirdalla DistNawada ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Managing Director, Bihar Mines and Minerals, Govt. of Bihar, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar For the Opposite Party/s :

Mr. Ram Priya Sharan Singh Mr. Naresh Dixit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-01-2025 Heard the learned counsel for the petitioner, learned APP for the State and learned counsel for the Bihar Mines and Minerals.

2. The petitioner seeks regular bail in connection with Rajaoli P.S. Case No. 397 of 2024 registered for the offence under Sections 303(2), 317(2), 111(2) of the BNS, under Section 15 of Environment Protection Act, under Section 4 and 21 of the Mines and Minerals (Regulation of Development) Act and under Section 11 of Bihar Minerals (Concession, Prevention of Illegal Mining Transportation and Storage) Rules, 2019.

3. As per the prosecution case, the petitioner and others are alleged to have been involved in illegal sand mining.

Patna High Court CR. MISC. No.75552 of 2024(3) dt.22-01-2025 2/2 Three tractors were also seized. Petitioner is the driver of one of the tractor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence and he is in custody since 14.08.2024.

5. Learned special counsel for the Mining Department has vehemently opposed the prayer for bail by filing counter affidavit and has submitted that the petitioner was caught on the spot by the raiding team as the driver of one of the tractors.

6. Considering the fact that the petitioner was caught on the spot by the raiding team, I am not inclined to grant bail to the petitioner.

7. Accordingly, this application for regular bail is dismissed.

(Sandeep Kumar, J) Shishir/- U T