Arvind Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83207 of 2023 Arising Out of PS. Case No.-276 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Arvind Singh S/O Kari Singh Village- Keshawe Durga Mandir, Ps. Barauni, Dist.Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarvottam Kumar, Advocate For the Opposite Party/s :
Mr. Shyameshwar Dayal. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Mufassil P.S. Case No. 276 of 2023 dated 15.05.2023, instituted for the offence punishable under Sections 353, 379, 411 of the Indian Penal Code, under Section 56(i), (ii) of the Mining Development Act, 1957 and Sections 15 and 21(4) of the Environment Protection Act.
3. The prosecution case, in short, is that during the search an over loaded truck was found near Jubli Petrol Pump under Singhaul Police Station bearing Reg. No. BR53G-2982. When the truck was being taken to police station, the truck
Patna High Court CR. MISC. No.83207 of 2023(2) dt.10-01-2024 2/3 driver and owner with the help of 15-20 unknown person have taken the truck away from the custody of the armed forces.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that petitioner is the owner of the said truck. The allegation against the petitioner is that he did not produce any documents regarding articles. It is submitted that the said vehicle was seized by the police only to harass the petitioner. It is submitted that the informant was collecting money illegally from all the trucks. When the petitioner did not fulfill the illegal demand, he has been implicated in this case. Learned counsel for the petitioner draws my attention on the seizure list, which shows that there is no mention about the said truck. Only there is a recovery of mobile phone from the truck driver. It is further submitted that petitioner was neither arrested nor any articles were seized by the police. Lastly, it has been submitted that he has one criminal antecedent.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner in connection
Patna High Court CR. MISC. No.83207 of 2023(2) dt.10-01-2024 3/3 with Mufassil P.S. Case No. 276 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai, subject to condition as laid down under Section 438(2) of the Cr.P.C..
(Khatim Reza, J) prabhat/- U T