This oral order grants anticipatory bail to 15 petitioners charged with theft and fake report mining offenses. The High Court released them subject to furnishing bail bonds and adhering to statutory conditions.
Release of petitioners on anticipatory bail by furnishing bail bonds of Rs. 10,000 each with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2877 of 2022
Arising Out of PS. Case No.-185 Year-2021 Thana- GANGABRIDGE District- Vaishali
======================================================
... ... Petitioner/s Versus
THE STATE OF BIHAR
... ... Opposite Party/s
| ==================== Appearance : For the Petitioner/s For the Opposite Party/s For the Department of Mines |
===== : : : |
============================= Mr. Anuj Kumar, Advocate Mr. Shyameshwar Dayal, APP Mr. Naresh Dixit, Advocate |
|---|---|---|
| ==================== CORAM: HONOURABL |
==== E MR. |
============================= JUSTICE SATYAVRAT VERMA |
Patna High Court CR. MISC. No.2877 of 2022(3) dt.17-10-2022 2/4
ORAL ORDER
3 17-10-2022
Heard learned counsel for the petitioners, learned counsel for the Department of Mines and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code and Sections 56 and 39(3) of the Bihar Minerals (Concessions, Prevention of illegal Mining, Transportation and Storage) Rules, 2019.
Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that during raid huge quantity of sand was found stacked near pillar no. 26, 27 and 28 of Mahatma Gandhi Setu Bridge. Further, on inquiry it was disclosed by local people that the sand was illegally mined and brought from Koilwar and stacked for selling.
Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that the informant alleges that information was given by local people but then the FIR does not disclose the name of any local people who had
Patna High Court CR. MISC. No.2877 of 2022(3) dt.17-10-2022 3/4
shared the information with the informant, it is next submitted that no doubt FIR is not an encyclopedia, but then the fact which is material and if that is lacking in FIR that clearly creates doubt with regard to the veracity of the allegation, it is also submitted that then it becomes easy for the Investigating Agency to bring forward 15-20 people and take their statement and then implicate innocent persons.
Learned counsel appearing for the Department of Mines opposes the prayer for anticipatory bail of the petitioners, but is not in a position to rebut the submission of the learned counsel for the petitioners that the FIR does not disclose that as to who were the local people who informed and gave such precise information to the informant based on which the petitioners came to be implicated.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/(Rupees Ten Thousand) each with two sureties of the like
Patna High Court CR. MISC. No.2877 of 2022(3) dt.17-10-2022 4/4
amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Ganga Bridge P.S. Case No. 185 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J)
Shivam/- U T
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail in the event of their arrest or surrender.
3 provisions across 3 enactments
Lakhan Dev Kumar and others
State of Bihar
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
