Sunil Kumar Mahton @ Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78501 of 2023 Arising Out of PS. Case No.-70 Year-2023 Thana- HALSI District- Lakhisarai ====================================================== Sunil Kumar Mahton @ Sunil Kumar, Son Of Chandrika Mahton, Resident Of Village - Rata, P.S. - Halsi, District - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Prasad, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In this case, the petitioner is apprehending his arrest in connection with Halsi P.S. Case No. 70 of 2023, registered for the offences under Sections 341, 323, 332, 353, 379/34 of the Indian Penal Code, Section 21 of M.M (D & R) Act, 1957 and Rule 56(2) of B.M. (CPIMTS) Amendment Rule, 2021.

3. As per prosecution case, while on patrolling against illegal sand mining, the informant found a tractor loaded with sand parked at a certain place. The petitioner, who was standing there, claimed himself to be the driver and while the process of seizure has been taking place, the petitioner threw away keys of the tractor to the co-driver-cum-

Patna High Court CR. MISC. No.78501 of 2023(3) dt.07-03-2024 2/3 owner of the tractor who fled away with illegally mined sand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. From the FIR, it is apparent that petitioner is the driver of the tractor and has nothing to do with the illegally mined sand as he performed his duty on the saying of the owner of the tractor who has been made co-accused in this case and has been granted regular bail after depositing the fine in the office of Mineral Development Department. Petitioner is having clean antecedent.

5. Learned APP opposes the prayer for anticipatory bail.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the completely vague nature of allegation against the petitioner and also considering the clean antecedent of the petitioner coupled with possibility of false implication, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st

Patna High Court CR. MISC. No.78501 of 2023(3) dt.07-03-2024 3/3 Class, Lakhisarai/court concerned in connection with Halsi P.S. Case No. 70 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) balmukund/- U T