An accused is entitled to bail if he is not a flight risk and is ready to deposit the loss money as calculated by the Mining Department.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19960 of 2021

Arising Out of PS. Case No.-719 Year-2020 Thana- BANKA District- Banka

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

ASHWANI KUMAR SON OF LATE ARUN KUMAR CHOUDHARY R/O

VILLAGE- SIPAHI TOLA, BAXA GHAT ROAD, P.S. AND DISTRICT-

PURNIA.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s

:

Mr.Dhananjay Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP

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

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

ORAL ORDER

2

13-01-2022

Heard the parties through virtual court proceedings.

Learned counsel for the petitioners undertakes to remove

the defects as pointed out by the office, within four weeks of

resumption of normal court proceedings. In the eventuality of

non-removal of defects within stipulated period, the office will

place the matter before the Bench.

At the very outset, learned counsel submits that in the

prayer portion of the bail petition, Banka (Barahat) P.S. Case

No.719 of 2020 has wrongly been typed as Chandan (Anandpur)

P.S. Case No.43/2020, the same may be permitted to be read as

Banka (Barahat) P.S. Case No.719 of 2020.

Prayer is allowed.

The petitioner apprehends his arrest in a case in

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connection with Banka (Barahat) P.S. Case No.719/2020,

registered for the offence punishable under Sections 379, 411 of

the Indian Penal Code, section 21 M.M.D.R. Act, 1957, section

56 of Concession & Prevention of Illegal Mining Transportation

and Storage Rule, 2019 and section 15 of Environment

Protection Act, 1980.

The case of the prosecution is that in course of raid, the

informant saw a loaded sand truck was coming and on

instruction of stopping the vehicle, the driver fled away leaving

the vehicle.

It is submitted by learned counsel for the petitioner that

petitioner is quite innocent and has committed no offence. He

has been falsely implicated in this case. Petitioner has no

criminal antecedent and is ready to deposit the loss money, as

calculated by the Mining department, before the learned court

below.

Learned counsel for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case,

let the above named petitioner, be released on bail, in the event

of his arrest or surrender before the learned Court below within

a period of six weeks from today, on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five Thousand) with two sureties of

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the like amount each to the satisfaction of the learned court

below where the case is pending/Successor Court in connection

with Banka (Barahat) P.S. Case No.719/2020, with a condition

that petitioner shall deposit the loss money, as calculated by the

Mining Department, as also subject to the conditions as laid

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

The learned court below is directed to accept the bail

bonds of the petitioner after showing the receipt of deposit of

the loss money as per the calculation of the Mining Department.

pallavi/-

(Anjani Kumar Sharan, J)

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