The High Court rejected the petitioner's defense regarding illegal mining, deeming the plea unbelievable for an owner of such machinery. Consequently, the court refused anticipatory bail and dismissed the application.
Anticipatory bail application dismissed; petitioner not entitled to enlargement from arrest.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28779 of 2017
Arising Out of PS.Case No. -5 Year- 2017 Thana -BIHTA District- PATNA
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Raj Kumar S/o - Vishwanath @ Vishwanath Singh R/o Jhunjhun Road, Danapur, P.S. - Danapur, District - Patna.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s =========================================================== Appearance : For the Petitioner/s :
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For the Opposite Party/s :
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date: 10-08-2017
Heard learned counsel for the petitioner and learned A.P.P. for the State.
Patna High Court Cr.Misc. No.28779 of 2017 dt.10-08-2017
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submitted that though he has impleaded the Director, Department of Mines, Bihar as opposite party no. 2 but copies of the application have not been served on him.
Patna High Court Cr.Misc. No.28779 of 2017 dt.10-08-2017
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was standing for repairs is absolutely unbelievable. The costly machine used of specific purpose cannot be used without the active approval and connivance of the owner and the petitioner being the same, cannot be said to be innocent.
enlarge the petitioner on anticipatory bail.
(Ahsanuddin Amanullah, J)
Anjani/-
AFR/NAFR U T
2 issues framed by the court
Whether the petitioner could be enlarged on anticipatory bail apprehending arrest for illegal mining.
Whether the plea that the machine was for repairs and the driver was responsible is credible.
2 provisions across 2 enactments
Raj Kumar S/o Vishwanath @ Vishwanath Singh
The State of Bihar
Director, Department of Mines, Bihar
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
