Patna High CourtCR. MISC./66857/2019bail granted

Subodh Kumar Patel @ Subodh Patel v. The State Of Bihar

2020-01-21Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66857 of 2019 Arising Out of PS. Case No.-254 Year-2018 Thana- RAMNAGAR District- West Champaran ====================================================== SUBODH KUMAR PATEL @ SUBODH PATEL Son of Late Sundar Patel Resident of Village - Station Chowk, Gandak Road, Bettiah, P.S.- Bettiah Town, Distt.- West Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma,Adv For the Mining :

Mr. Naresh Dikshit, Adv For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-01-2020 Heard learned counsel for the parties.

Petitioner apprehend his arrest in a case registered for the offence punishable under Sections 379 of the Indian Penal Code, section 40(4), (5), (7) (8) of the Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage)rules, 2003, 21 of the Mines & Minerals (Development & Regulation) Act, 1957 and 15 of the Environment Protection Act, 1986. Allegation against the petitioner is of illegal mining and transportation of sand from Masan river.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case being the owner of the Tractor which was being used for transportation of sand. Similarly, situated co-accused persons have been granted

Patna High Court CR. MISC. No.66857 of 2019(2) dt.21-01-2020 2/2 bail by co-ordinate benche of this Court vide order dated 12.03.2019 passed in Criminal Miscellaneous No. 14587 of 2019. Petitioner has got no criminal antecedent. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on anticipatory bail in the event of his/her arrest or surrender before the court below within a period of four weeks from today upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Ramnagar P.S. Case No. 254 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(S. Kumar, J) ranjan/- U