Patna High Court – Orders
Raju Kumar vs The State Of Bihar on 21 July, 2025
Author: Prabhat Kumar Singh
Bench: Prabhat Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31105 of 2025
Arising Out of PS. Case No.-86 Year-2019 Thana- BARUN District- Aurangabad
======================================================
1. Raju Kumar S/o Ramadhar Singh Resident of Village- Khaira, P.S.- Barun,
Distt.- Aurangabad
2. Guddu Kumar @ Dileep Kumar S/o Surendra Singh Resident of Village-
Khaira, P.S.- Barun, Distt.- Aurangabad
... ... Petitioner/s
Versus
1. The State of Bihar
2. Abdul Sattar Saif S/o Late Sheikh Gulam R/o Bachauta, P.S.- Morkahi,
Distt.- Khagaria. At present address- Mining Officer, Mining Department,
Aurangabad
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Singh, Adv.
For the Opposite Party/s : Mr. Pranav Kumar, APP
Mr. Naresh Dikshit, Adv.for OP-2
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 21-07-2025
Heard learned counsel for the petitioners, learned
A.P.P. for the State and learned counsel appearing on behalf of
Mines Department.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 147, 149,
341, 323, 186, 333, 379, 353, 307, 420, 411, 504, 506/427 of the
Indian Penal Code, Sections 4 & 40 of the Bihar Minor Mineral
Concession Rules and Section 15 of Environment Protection
Act.
3. The prosecution case, in brief, is that when the
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informant along with other police officers reached near the
house of Bhola Singh, they saw about 200 persons assembled
there and when they tried to stop the lifting of sand, then all the
accused persons started throwing stone pieces upon the police
personnel, as a result of which, some of police personnel
sustained injuries and one police jeep was damaged.
4. Learned counsel for the petitioners submits that
petitioners have falsely been implicated in this case. The FIR
has been lodged against 19 named and 150 unknown persons.
Petitioners are said to have been identified in the light of torch
and the vehicle light. There is general and omnibus allegation
and no specific allegation of overt act has been alleged against
them. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the aforesaid facts and circumstances,
let the above named petitioners, in the event of their
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of Chief Judicial Magistrate, Aurangabad/successor
Court in connection with Barun P.S.Case No.86 of 2019, subject
Patna High Court CR. MISC. No.31105 of 2025(2) dt.21-07-2025
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to the conditions as laid down under Section 438(2) of the Code
of Criminal Procedure.
(Prabhat Kumar Singh, J)
anay
U T
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