Patna High CourtCR. MISC./85050/2023allowed

Sudarshan Mehta v. The State Of Bihar

2024-01-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85050 of 2023 Arising Out of PS. Case No.-172 Year-2023 Thana- AMBA District- Aurangabad ====================================================== SUDARSHAN MEHTA SON OF SITA MEHTA @SITA MAHTO RESIDENT OF VILLAGE-DHUNDHA, P.S.- AMBA, DIST.- AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramendra Kumar Singh For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 379 and 411 of the Indian Penal Code, Section 21 of the M.M.D.R. Act and Rules 11, 18 and 43 of the Mines Illegal Storage and Rule-56 of Amendment Act.

3. The allegation against the petitioner along with others is of engaging in the business of illegal mining of sand and its storage.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The name of the petitioner has come on

Patna High Court CR. MISC. No.85050 of 2023(2) dt.09-01-2024 2/2 account of bad village politics. He submitted that the petitioner is not a resident of concerned village and he has no concern with the alleged mining of sand. There is no specific allegation against the petitioner either the sand had been lifted or sold by him. On the basis of suspicion, petitioner has been implicated in the present case. He is languishing in judicial custody since 19.10.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Aurangabad in connection with Amba P.S. Case No. 172 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T