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