A person accused of illegal mining is entitled to anticipatory bail if he is not the owner of the vehicle and has no criminal antecedents.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22381 of 2021

Arising Out of PS. Case No.-90 Year-2020 Thana- PHULPARAS District- Madhubani

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

MANCHAN SAH Son of Ramnandan Sah Resident of Ward No. 8, Kalipur,

P.S.- Ghoghardiha, District- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s

:

Mr.Kumari Shubham

For the Opposite Party/s :

Mr.APP

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

CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR

ORAL ORDER

3

03-01-2022

Heard learned counsel for the petitioner and learned

APP for the State.

Learned counsel for the petitioner is expected to

honour his undertaking to remove the defects as pointed out by

the office when called upon to do so by the office.

The instant application for anticipatory bail has been

filed by the petitioner apprehending his arrest in connection

with Phulparas P.S. Case no. 90 of 2020 instituted for the

offence under Section 379 of the Indian Penal Code and Section

56(1) of the Bihar Minerals Concession Prevention of Illegal

Mining Transportation and Stroage Act 2019 abnd Section 15 of

Environment Protection Act, 1986..

As per allegation in the FIR, the matter relates to

illegal mining. Three loaded tractors with sand has been seized.

Patna High Court CR. MISC. No.22381 of 2021(3) dt.03-01-2022

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Learned counsel appearing on behalf of the petitioner

has submitted that petitioner is innocent and has committed no

offence. Petitioner is driver of the alleged tractor and owner of

the said vehicle has already been granted anticipatory bail by the

court below. He has got no criminal antecedent.

Having heard learned counsel for the parties and in

the facts and circumstances of the case as stated above, this

Court is inclined to enlarge the petitioner on bail. The petitioner

is directed to surrender in the Court below within a period of

four weeks from today and in the event of his arrest or surrender

in connection with Phulparas P.S. Case no. 90 of 2020, he will

be enlarged on bail on furnishing bail bond of Rs. 10,000/-

(Rupees ten thousand) with two sureties of the like amount each

to the satisfaction of learned ACJM II, Jhanjharpur, Distt.

Madhubani subject to the conditions as laid down under section

438(2) of the Cr.P.C.

sushma/-

(Sunil Kumar Panwar, J)

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