Deepak Kumar @ Budhan Singh Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

Deepak Kumar @ Budhan Singh Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Enlargement on bail in the event of arrest or surrender before the court below within six weeks, on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Khodawandpur P.S. Case No. 312 of 2022 (registered under Sections 341, 323, 307, 353, 504, 379, 411, 34 IPC; Sections 56(i) (ii), 21, 4(i) of the Bihar mineral rule of 2019; and Section 15 of the Environmental Act, 1986), should be enlarged on bail in the event of his arrest or surrender, subject to Section 438(2) Cr.P.C. conditions.

Court's answer

The petitioner shall be enlarged on bail in the event of his arrest or surrender before the court below within six weeks from the date of the order.

Ratio / Principle

The enlargement on bail is conditional on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the court below where Khodawandpur P.S. Case No. 312 of 2022 is pending, and subject to the conditions laid down under Section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

Patna High Court, oral order of Justice Anjani Kumar Sharan dated 17-02-2024, in Criminal Miscellaneous No.4209 of 2024: bail granted in the event of arrest or surrender to Deepak Kumar @ Budhan Singh, apprehending arrest in Khodawandpur P.S. Case No. 312 of 2022 (District Begusarai), registered under Sections 341, 323, 307, 353, 504, 379, 411, 34 of the Indian Penal Code, Sections 56(i) (ii), 21, 4(i) of the Bihar Mineral Prevention of Illegal Mining Transportation and Storage Rule 2019 and Section 15 of the Environmental Act, 1986. Counsel argued the petitioner is innocent and falsely implicated, is neither owner nor driver of the tractor and trailer (whose driver fled), that no person sustained any injury, that there is no specific overt act against the petitioner and that he has no criminal antecedent; the learned Additional Public Prosecutor opposed the prayer for bail. Considering the facts and circumstances, the petitioner was directed to arrest/surrender within six weeks and furnish a bail bond of Rs.25,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4209 of 2024

Arising Out of PS. Case No.-312 Year-2022 Thana- KHODAWANDPUR District- Begusarai

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

Deepak Kumar @ Budhan Singh S/O Suresh Singh @ Suresh Prasad Singh R/O Village- Meghaul, Ward No.-5, P.S- Khodawandpur, Distt.- Begusarai.

... ... Petitioner/s

Versus

The State Of Bihar

The Department Of Mines Mineral, Govt. Of Bihar, Patna Bihar

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s : Mr.Sandip Kumar Gautam For the Opposite Party/s : Mr.Jharkhandi Upadhyay

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

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

2 17-02-2024

Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 353, 504, 379, 411, 34 of the Indian Penal Code and Section 56(i) (ii), 21, 4(i) of the Bihar Mineral Prevention of Illegal Mining Transportation and Storage Rule 2019 and also under Section 15 of Environmental Act, 1986. .

Petitioner along with other accused persons are said to have misbehaved with the informant and also attacked on the police party. Petitioner is involved in illegal mining of sand.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner is neither the owner nor the

Patna High Court CR. MISC. No.4209 of 2024(2) dt.17-02-2024 2/3

driver of the tractor and trailor. He submits that the driver of the said tractor was succeeded to fled away from the place of occurrence. He submits that in the occurrence not a single person has sustained any injury. He submits that there is no specific overt act against the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes the prayer

for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Khodawandpur P.S. Case No. 312 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J)

devendra/-

U T

Patna High Court CR. MISC. No.4209 of 2024(2) dt.17-02-2024 3/3