Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76199 of 2024 Arising Out of PS. Case No.-393 Year-2023 Thana- RANIYATALAB District- Patna ====================================================== Raj Kumar Son of Late Bhuneshwar Yadav R/O Vill.- Ekbalganj Nisarpura, P.S.- Ranitalab, Dist.- Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Mining Officer, Patna, Dist.- Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Sinha, Adv For the State :

Mr. Jharkhandi Upadhyay, APP For the Mines Department:

Mr. Naresh Dikshit, Adv Ms. Kalpana, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-11-2024 Heard learned counsels for the parties.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 379, 411, 420, 467, 468, 34 of the Indian Penal Code.

3.

As per the FIR, police seized the truck of the petitioner loaded with sand. The petitioner is said to have been involved in illegal excavation and transportation of sand. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. It is further submitted that the petitioner has deposited the loss amount in

Patna High Court CR. MISC. No.76199 of 2024(2) dt.18-11-2024 2/2 the concerned Department and the same is apparent from Annexure-P4 of the bail application. Petitioner has no criminal antecedent.

5.

Learned APP for the State as well as learned counsel for the Mines Department opposed the prayer for anticipatory bail. 6.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her 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 Ranitalab P.S. Case No.393 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T