Mantu Chaudhary @ Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78305 of 2024 Arising Out of PS. Case No.-67 Year-2024 Thana- AZIMABAD District- Bhojpur ====================================================== Mantu Chaudhary @ Mantu Kumar S/O Yogendra Chaudhary @ Yougendra Chiodhari R/o Vill.- Noorpur (Nurpur), P.S - Azimabad, District - Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

District Mining Officer, Bhojpur through the Mine Inspector, Chandan Kumar Azad Bhojpur at Ara ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Diwakar, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-01-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 303(2) of the BNS and 56(1) and 56(2) of the BM (CPIMTS) Amendment Rules, 2021. 3.

As per FIR, the allegation against the petitioner that he has committed the illegal storage 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 due to dirty village politics. No such occurrence, in the manner as alleged, has ever taken place. Nothing illicit has been recovered from the

Patna High Court CR. MISC. No.78305 of 2024(4) dt.31-01-2025 2/2 conscious physical possession of the petitioner. Learned counsel for the petitioner has further submitted by way of supplementary affidavit that the petitioner has already deposited the punitive value of Rs.1,91,250/- (Annexure-P/1 series of the supplementary affidavit). Petitioner has no criminal antecedent as mentioned in para 3 of the bail application. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, and the fact that the petitioner has deposited the loss amount, let the above named petitioner, be released on bail, in the event of his 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 Azimabad P.S. Case No.67 of 2024, subject to the conditions as laid down under Section 482(2) of BNSS, 2023. (Anjani Kumar Sharan, J) priyanka/- U T