Anil Kumar @ Anil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78706 of 2024 Arising Out of PS. Case No.-123 Year-2022 Thana- DUMARIYA District- Gaya ====================================================== Anil Kumar @ Anil Singh S/O Ramrup Ram @ Ramrup Singh @ Ramrup Singh Chandravansi Resident Of Village - Badhotani ( Kaulsaita), Kachar, P.S.- Dumariya, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 341, 323, 353, 379, 504 of the Indian Penal Code and Section 33(b)/41 of the Indian Forest Act.

3. Petitioner along with other accused persons are said to have involved in illegal mining of stone chips, which was being done within the area of forest land, causing immense loss to government exchequer as well as damaging the ecosystem of forest.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner is neither the owner nor the driver of the alleged tractor. He submits that there is no specific

Patna High Court CR. MISC. No.78706 of 2024(2) dt.17-01-2025 2/2 overt act against the petitioner. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that similarly situated co-accused has already been granted bail by this Court vide order dated 03.07.2024 passed in Cr. Misc. No. 29819 of 2024. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Dumariya P.S. Case No. 123 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T