Patna High CourtCR. MISC./84971/2024allowed

Krishnakant Singh v. The State Of Bihar

2024-12-11Mr. Justice Alok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84971 of 2024 Arising Out of PS. Case No.-428 Year-2024 Thana- MASHRAK District- Saran ====================================================== Krishnakant Singh Son of Kapildev Singh Resident of village/MohallaDeuria, Police station- Mashrakh District- Saran ... ... Petitioner/s

Versus

The State of Bihar 2.

The Dist. Mining Officer, Saran Bihar 3.

The Mining Inspector, Saran, Chapra Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Mili Kumari, Adv.

For the Opposite Party/s :

Mr.Naresh Dixit, Spl. PP (Mines) Mr.Utsav Anand, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending arrest in connection with Mashrakh P.S. Case No. 428 of 2024 registered for the offences punishable under Section 223, 303(2), 316(2), 3(5) B.N.S..

3. As per prosecution case, petitioner is running a brick kiln in the name and style of M/s B.S.F. Inth Udyog in the village Devaria, P.S. Mashrakh, District- Saran without paying royalty to the Department of Mines and without producing relevant document for the year 2022-23. There is allegation that petitioner has not paid royalty of a sum of Rs. 2,30,000/- for the

Patna High Court CR. MISC. No.84971 of 2024(2) dt.11-12-2024 2/3 year 2022/23.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the first information report and he has been falsely implicated in this case. Learned counsel submits that petitioner is ready and undertakes to pay the entire dues amount standing against his name to the Mines Department in installments. He will pay the dues in nine months in six equal installments. Petitioner bears no criminal antecedent.

5. The learned A.P.P. for the State (Mines Department) has no objection on the aforesaid submission with regard to payment of dues in installments.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner, above named, in the event of arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate VII, Saran, Chapra, in connection with Mashrakh P.S. Case No. 428 of 2024 subject to

Patna High Court CR. MISC. No.84971 of 2024(2) dt.11-12-2024 3/3 the conditions as laid down under section 482(2) of the B.N.S.S.

7. Furthermore, petitioner shall submit an undertaking that he will pay the entire dues standing against his name in six equal installments within a period a nine months, otherwise his bail bond shall not be accepted by the trial Court.

8. It is further made clear that in case petitioner fails to comply his undertaking given before the Court, the prosecution will be at liberty to go for cancellation of bail granted to the petitioner.

(Alok Kumar Pandey, J) mcverma/- U T