Bainath Rao @ Baidnath Rao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75245 of 2018 Arising Out of PS. Case No.-16 Year-2018 Thana- BALTHAR District- West Champaran ====================================================== Bainath Rao @ Baidnath Rao Son of Hazari Raw Resident of VillageJagiraha,P.S. Balthar,Distt. West Champaran at Bettiah ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vibhakar Kumar For the Opposite Party/s :

Mr.Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Balthar P. S. Case No. 16 of 2018 registered for the offences punishable under Sections 406, 379 of the Indian Penal Code, Section 15 of Environment Protection Act and 40 of Bihar Minor Minerals Concession Rule 1972.

Learned counsel for the petitioner submits that the allegation against the petitioner is that he had not deposited the royalty dues for the period 2016-17.

It is submitted that after the FIR was lodged on 10.02.2018, the petitioner has deposited a sum of Rs. 39,047/- in the name of Mineral Development Officer, Bettiah, copy of the demand draft said to have been deposited by the petitioner with

Patna High Court Cr.Misc. No.75245 of 2018(2) dt.21-12-2018 2/2 the Mineral Development Officer, Bettiah has been brought on record as Annexure-2 to the present application. No one appears on behalf of the State to oppose this application for anticipatory bail.

In the given facts and circumstances where it is stated that the petitioner has submitted the bank draft of Rs. 39,047/- towards payment of royalty dues, in case of arrest or surrender of the petitioner above named shall be enlarged on bail on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Bettiah in connection with Balthar P. S. Case No. 16 of 2018, subject to the condition that the petitioner shall join the investigation by reporting to the Investigating officer within a period of three weeks from today and shall cooperate in course of investigation, failing which the Investigating Officer shall be at liberty to take steps for cancellation of his bail bond. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C.

(Rajeev Ranjan Prasad, J) avin/- U T