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2025 DAILYLAW 8608 (PAT)

Ranjit Kumar @ Ranjit Bin v. The State of Bihar

CR. MISC./23130/2025 · 2025-07-08

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23130 of 2025 Arising Out of PS. Case No.-569 Year-2023 Thana- KOILWAR District- Bhojpur ====================================================== 1. Ranjit Kumar @ Ranjit Bin Son of Lala Prasad @ Lal Bin Resident of Village- Mahadevchak Semariya PS -Koilwar, Dist- Bhojpur 2. Puttu Rai @ Puttur Rai @ Ravi @ Pintu Rai son of Sakaldev Rai @ Saklu Rai Resident of Village- Mahadevchak Semariya PS -Koilwar, Dist- Bhojpur ... ... Petitioner/s Versus 1. The State of Bihar 2. The Dept. of Mines bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Manoj Kumar, Advocate For the State : Mr. Manoj Kumar, APP For the Mines : Mr. Naresh Dikshit, Advocate Mr. Brij Bihari Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 08-07-2025 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the Mines Department. 2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 379, 411 and 34 of the Indian Penal Code, Sections 11, 56(i) and 56(ii) of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Amendment Rules, 2021 and Sections 4 and 21 of the Mines and Minerals (Development and Regulation) Act. 3. As per prosecution case, all the F.I.R. named accused persons, including these petitioners, were found Patna High Court CR. MISC. No.23130 of 2025(2) dt.08-07-2025 2/3 involved in illegal mining of sand, thereby, caused revenue loss of Rs. 64,06,250/-. 4. At the outset, learned counsel appearing on behalf of the petitioners submits that the offences for which the instant F.I.R. has been instituted, carries punishment of seven years. It is further submitted that investigation in the case against these petitioners is still continuing, however, the petitioners have not been given the benefit of Section 41(A) of the Cr.P.C.. Therefore, it is submitted that the instant case be disposed of in terms of the order dated 13.02.2024 passed in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar). Petitioners claim clean antecedents. 5. Learned APP appearing on behalf of the State and learned counsel appearing on behalf of Department of Mines do not raise any objections. 6. In view of the aforesaid submissions, this anticipatory bail application is disposed of in terms of the order dated 13.02.2024 passed in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar). 7. Accordingly, the petitioners are at liberty to file a representation before the concerned Superintendent of Police and the Investigating Officer of the case, within a period of Patna High Court CR. MISC. No.23130 of 2025(2) dt.08-07-2025 3/3 three weeks from today, with a web copy of the order dated 13.02.2024 passed in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar); and the concerned Superintendent of Police shall ensure that the Investigating Officer of the case strictly adheres to the directions contained in the order dated 13.02.2024 passed in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar). shashank/- (Prabhat Kumar Singh, J) U T