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2023 Supreme(Online)(Pat) 1765

PATNA HIGH COURT
Mr. Justice Anjani Kumar Sharan
RAHUL KUMAR @ GANDHIJI – Appellant
Versus
The State – Respondent
CR. MISC./55871/2022



ACCUSED CAN BE GRANTED BAIL IF HE IS READY TO DEPOSIT THE AMOUNT IN THE CONCERNED DEPARTMENT.

Headnote:

BAIL - SECTION 438 CRPC - OFFENCE UNDER SECTIONS 379, 411 IPC AND SECTION 15 OF THE ENVIRONMENT PROTECTION ACT, 1986 - ACCUSED READY TO DEPOSIT THE ENTIRE AMOUNT OF RS. 3,22,500/- TO THE MINES DEPARTMENT WITHIN SIX MONTHS IN FOUR EQUAL INSTALLMENTS - BAIL GRANTED

Fact of the Case:

PETITIONER APPREHENDING ARREST IN A CASE REGISTERED FOR OFFENCE UNDER SECTIONS 379 AND 411 OF THE INDIAN PENAL CODE, 1957 AND SECTION 15 OF THE ENVIRONMENT PROTECTION ACT, 1986.

Finding of the Court:

PETITIONER GRANTED BAIL SUBJECT TO FURNISHING BAIL BOND OF RS.25,000/- WITH TWO SURETIES OF THE LIKE AMOUNT EACH AND DEPOSITING RS.3,22,500/- IN THE CONCERNED DEPARTMENT.

Issues: WHETHER THE PETITIONER IS ENTITLED TO BAIL.

Ratio Decidendi: CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE AND THE FACT THAT PETITIONER IS READY TO DEPOSIT THE SAID AMOUNT IN THE CONCERNED AMOUNT, THE PETITIONER IS ENTITLED TO BAIL.

Final Decision: PETITIONER GRANTED BAIL SUBJECT TO FURNISHING BAIL BOND OF RS.25,000/- WITH TWO SURETIES OF THE LIKE AMOUNT EACH AND DEPOSITING RS.3,22,500/- IN THE CONCERNED DEPARTMENT.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55871 of 2022

Arising Out of PS. Case No.-218 Year-2022 Thana- NARHATT District- Nawada

======================================================

RAHUL KUMAR @ GANDHIJI Son of Late Ramnandan Singh R/V-

Dhamoul, P.S- Hisua, Dist- Nawada

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr.Hansraj

For the Opposite Party/s :

Mr.Shyameshwar Dayal

======================================================

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

ORAL ORDER

3

09-01-2023

Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case

registered for the offence punishable under Sections 379 and

411 of the Indian Penal Code, Act, 1957 and Section 15 of the

Environment Protection Act. 1986.

Learned counsel for the petitioner submits that the

petitioner is innocent and has been falsely implicated in this

case. He submits that the petitioner is ready to deposit to entire

amount of Rs. 3,22,500/- to the Mines Department within six

months in four equal installments. He further submits that

petitioner has one criminal antecedent as stated in para-3 of this

application.

Learned APP for the State opposes the prayer for bail.

Patna High Court CR. MISC. No.55871 of 2022(3) dt.09-01-2023

2/2

Considering the facts and circumstances of the case

and the fact that petitioner is ready to deposit the said amount in

the concerned amount, let the above named petitioner in the

event of his arrest or surrender before the learned Court below

within a period of six weeks from today, be enlarged on

provisional bail for eight 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 Narhat P.S. Case No. 218/2022, subject to the condition as

laid down under Section 438 (2) of the Cr.P.C.

Learned Court below is directed to confirm the bail

bond of the petitioner after verifying that the petitioner had

deposted refunding Rs.3,22,500/- in the concerned Department.

If the petitioner fails to abide the details, the learned court below

would be at liberty to cancel the bail bond of the petitioner.

ajay/-

(Anjani Kumar Sharan, J)

U

T

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