Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80835 of 2019 Arising Out of PS. Case No.-110 Year-2019 Thana- BIKRAM District- Patna ====================================================== SHANKAR KUMAR Son of Shree Paswan Resident of Nagahar, P.S.- Bikram, District - Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Bikram P.S. Case No. 110/2019 registered for the offense punishable under Sections 379/420/467/468 of the Indian Penal Code and Section 26(a)/27/21(a)/22/04/40 of Bihar Minor Minerals Concession Rules, 1972.

Learned counsel for the petitioner submits that for the alleged occurrence, the petitioner has has already been fined and has deposited Rs.80,000/- (Eighty thousand) through a demand draft dated 08.04.2019 with the Department. However, the authorities are behaving in a totally highhanded manner and have now filed a case under Section 279/420/467/468 of the IPC only to harass and humiliate the petitioner. Learned counsel for

Patna High Court CR. MISC. No.80835 of 2019(2) dt.10-12-2019 2/2 the petitioner submits that since the fine has already been deposited and that the petitioner bears no criminal antecedent, the petitioner be extended the benefit of pre-arrest bail. Considering the aforementioned facts and circumstances, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, VI, Danapur, Patna, in connection with Bikram P.S. Case No. 110/2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Anjana Mishra, J) Saif/- U T