Sk. Bairister @ Sk. Barister @ Sk. Balister @ Sk. Arman @ Sk. Aman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87302 of 2019 Arising Out of PS. Case No.-30 Year-2017 Thana- SAHODARA District- West Champaran ====================================================== SK. BAIRISTER @ SK. BARISTER @ SK. BALISTER @ SK. ARMAN @ SK. AMAN, aged about 40 years, Male, Son of Late Ali Hussain @ Late Shekh Ali Hassan, Resident of Village - Parsauni, P.S.- Sahodara, DistrictWest Champaran ... Petitioner
Versus
THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Sanjeev Kumar, Adv.
For the Opposite Party :
Mr. Satyavrat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.
The petitioner seeks bail in connection with Sahodra P.S. Case No. 30 of 2017, registered under Section 379 of the Indian Penal Code and Rule 4 of the Bihar Minor Minerals Concessions Rules, 1972.
The accusation is that in course of visit of the informant, being the Mines Development Officer, West Champaran at Bettiah, in village Rajpur, he found that minerals were excavated from several fields. On query, villagers disclosed the names of seven persons, who use to excavate the stones and other minerals. Similarly, in village Parsauni, at several places, informant found excavation. On query, the villagers disclosed the names of five persons, including the
Patna High Court CR. MISC. No.87302 of 2019(2) dt.20-01-2020 2/2 petitioner, indulged in excavation.
Submission is that petitioner was not apprehended on spot nor excavating minerals stones recovered for his house. In fact, the petitioner is accused in eight cases, as detailed in paragraph 3, in which he is on bail, due to that reason, mere on suspicion, the petitioner has falsely been implicated in this case. The petitioner is in custody since 17.10.2019. Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Sahodra P.S. Case No. 30 of 2017 to the satisfaction of the Chief Judicial Magistrate, West Champaran at Bettiah.
(Rajendra Kumar Mishra, J) Shamshad/- U T