Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81276 of 2024 Arising Out of PS. Case No.-591 Year-2024 Thana- BIHTA District- Patna ====================================================== Vijay Kumar S/O Shiv Jatan Ray Resident Of Village- Lakhan Tola, P.SBihta, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

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

For the Petitioner/s :

Mr. Niraj Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, A.P.P.

For O.P. No. 2 :

Mr. Naresh Dikshit, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-02-2025 Heard learned counsel for the parties.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 303(2), 317(1-5) of the Bharatiya Nyaya Sanhita.

3. As per prosecution case, petitioner is registered owner of the seized truck bearing registration No. BR01GM 8955 which was loaded with sand with fake challan.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is registered owner of the truck in question with valid challan but the same had expired two days prior to the occurrence. However, learned counsel for the petitioner contends that petitioner is ready to deposit fine

Patna High Court CR. MISC. No.81276 of 2024(5) dt.05-02-2025 2/2 amount of Rs. 65,00,25/- in the concerned mining department.

5. Considering the aforesaid contention made on behalf of the petitioner, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate- 1st, Danapur in connection with Bihta P. S. Case No. 591 of 2024, subject to condition as laid down under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023 with direction to the petitioner that :- (i) Petitioner shall deposit Rs. 65,00,25/- (Rs. Sixty Five Thousand and Twenty Five) through Bank Draft in the concerned mining department and produce receipt of the same at the time of furnishing bail-bond, failing which, the learned court below would be at liberty to cancel the bail-bond. (Prabhat Kumar Singh, J) Navya/- U T