Allowed

Anshu Kumar Patwa v. The State of Bihar

Patna HC12 Jul 2024CR. MISC./32685/2024

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to a petitioner accused of illegal sand mining under IPC and MMDR Act sections, citing lack of material evidence, the petitioner's presence not being established at the spot, and willingness to pay penalties. Bail was subject to conditions under Section 438(2) CrPC.

What did the court decide?

Anticipatory bail granted for 8 weeks on furnishing bail bonds of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) CrPC.

Anshu Kumar Patwa Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32685 of 2024

¶2

Arising Out of PS. Case No.-411 Year-2022 Thana- BARUN District- Aurangabad

¶3

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

¶4

Anshu Kumar Patwa, son of Krishna Prasad @ Dukhan Patwa, R/o VillageDhamani Gola, P.S.- Barun, Dist.- Aurangabad

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance :

¶10

For the Petitioner/s : Mrs.Mukul Kumari, Advocate For the Opposite Party/s : Mr.Raj Ballabh Singh, APP ======================================================

¶11

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

¶12

3 12-07-2024

¶13

Heard learned counsel for the petitioner and learned

¶14

APP for the State.

¶15

In this case, the petitioner is apprehending his arrest in connection with Barun P.S. Case No. 411 of 2022, registered for the offences under Sections 379 and 411 of the Indian Penal Code, Section 4(1-A) 21 of the MMDR Act, 1957 and Section 15 of the Environment Protection Act, 1986.

¶16

As per prosecution case, the petitioner along with other co-accused persons were found involved in storage of about 8000 CFT of illegal sand.

¶17

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Petitioner has no concern with the alleged offence. The petitioner was named in this case merely on suspicion as he was

¶18

Patna High Court CR. MISC. No.32685 of 2024(3) dt.12-07-2024 2/3

¶19

not even seen at the spot and has nothing to do with the place from where the seizure has been made. The petitioner has no concern with the vehicle seized in this case. Similarly placed coaccused Monu Kumar has been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 22.05.2023 passed in Cr. Misc. No. 62327 of 2022. Learned counsel further submits that without admitting any guilt and without admitting participation in the offence, the petitioner is ready to pay the penalty which may be imposed by the authorities. Petitioner is having clean antecedent.

¶20

Learned APP vehemently opposes the submission made on behalf of the petitioner.

¶21

Having regard to the facts and circumstances and submissions made on behalf of the parties and the fact about lack of material against the petitioner and also considering the submission that the petitioner is ready to pay the penalty imposed upon him by the authorities, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/(Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

¶22

Patna High Court CR. MISC. No.32685 of 2024(3) dt.12-07-2024 3/3

¶23

Magistrate, Aurangabad/court concerned in connection with Barun P.S. Case No. 411 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

¶24

(i) One of the bailors will be a close relative of the petitioner.

¶25

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

¶26

(Arun Kumar Jha, J)

¶27

V.K.Pandey/-

¶28

U T

Anshu Kumar Patwa v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Anshu Kumar Patwa v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Anil Kumar Yadav Vs Puja Kumari

Brij Nandan Bhagat Vs Muneshwar Prasad Mishra

In The Goods Of Late Kishan Lal Arora Vs .

Praveen Kumar Mishra Vs The State of Bihar

Munna Sah Vs The State of Bihar

Md. Akhtar @ Md. Akhtar Husain Vs The State of Bihar