Uday Kumar @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88267 of 2024 Arising Out of PS. Case No.-685 Year-2023 Thana- BELAGANJ District- Gaya ====================================================== Uday Kumar @ Amit Kumar S/O Surendra Kumar Vill.- Pathra, P.S.- Belaganj, Dist.- Gaya ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Additional Chief Secretary, Dept. of Mines and Geology, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Priya Ranjan, Adv.

For the State :

Mr.Nand Kishore Prasad, APP For Mines Department Mr. Naresh Dixit, Adv.

Mr. Brij Bihari Tiwary, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-02-2025 Heard learned counsel for the petitioner, learned counsel for the Mines Department and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 379, 411 of the Indian Penal Code and Section 21 of MM(D and R) Act and Rule 56 of B.M. Rule 2021.

3. Prosecution case is that during course of raid, the informant recovered 10,000 Cft sand. On inquiry, he got knowledge that the petitioner is indulged in storage of illegal sand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the charge has been framed against the petitioner. He submits that the petitioner is ready to deposit Rs.

Patna High Court CR. MISC. No.88267 of 2024(4) dt.25-02-2025 2/2 5,45,000/- in the Nazarat of the Civil Court concerned. He further submits that petitioner has three criminal antecedents as stated in para-3 of the bail application and he is languishing in judicial custody since 22.10.2024.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioner, be enlarged on provisional bail for a period of four months on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Belaganj P.S. Case No. 685 of 2023.

7. However, learned court below is directed to confirm the bail bond of the petitioner only after verifying the fact that the petitioner has deposited the aforesaid amount in the Nazarat or not.

8. The deposit of aforesaid amount shall be subject to the final outcome of the criminal case.

(Anjani Kumar Sharan, J) devendra/- U T