Kanhaiya Lal Jha vs The State Of Bihar
2023 Latest Caselaw 5359 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
            CRIMINAL MISCELLANEOUS No.66193 of 2019
       Arising Out of PS. Case No.-66 Year-2019 Thana- BELHAR District- Banka
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Kanhaiya Lal Jha, S/o Late Mahadeo Jha R/o village- Rajpur, P.S.- Belhar, District- Banka

... ... Petitioner/s Versus The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Jha, Advocate For the Opposite Party/s : Mr. Anil Kumar, A.P.P. For the Department of Mines: Mr. Naresh Dikshit, Spl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT Date : 16-10-2023

Heard learned counsel for the petitioner; learned

A.P.P. for the State along with learned Spl.P.P. appearing for

Department of Mines.

2. The present quashing application has been

filed seeking quashing of the part of the order dated

30.05.2019 passed by the learned Additional Sessions

Judge-I, Banka in connection with A.B.P. No. 743 of 2019

arising out of Belhar P.S. Case No. 66 of 2019 registered

under Sections 379 and 411 of the Indian Penal Code read

with Section 8 of B.M.P.I.M.T.S. Rules 2003 (Amended

2014) and Section 40 of the BMMC Rules, 1972 read with

Section 15 of the Forest Environment Protection Act, 1986, Patna High Court CR. MISC. No.66193 of 2019 dt.16-10-2023

whereby anticipatory bail of the petitioner was allowed with

a direction to surrender before the learned Court below

within four weeks from the receipt of the order, subject to

deposit of loss amount and fine in accordance with law.

The learned counsel for the petitioner submits that the case

was taken up on 16.05.2023 when a learned Co-ordinate

Bench was pleased to direct that petitioner shall not be

arrested. The learned counsel submits that petitioner in

compliance of the order dated 30.05.2019 did not surrender

within the period of four weeks as directed by the learned

Additional Sessions Judge-I, Banka rather he moved before

this Court by filing the instant application as the petitioner

was aggrieved by the fact that despite not being the owner

of the land he was directed to deposit the loss amount and

fine in accordance with law.

3. It is next submitted that petitioner is

aggrieved by the part of the order dated 30.05.2019,

whereby he has been directed to deposit the loss amount

and fine in accordance with law which was made a

condition precedent for his surrender. The learned counsel

next submits that co-accused namely, Shiv Mohan Jha, on Patna High Court CR. MISC. No.66193 of 2019 dt.16-10-2023

whose ancestral land the illegally mine sand was found had

moved before this Court seeking anticipatory bail by filing

Cr. Misc. No. 18260 of 2022. It is submitted that a learned

Co-ordinate Bench by order dated 18.08.2022 was pleased

to grant anticipatory bail to Shiv Mohan Jha after noticing

the fact that the land from which the illegally mine sand

was recovered was the ancestral land of Shiv Mohan Jha. It

is next submitted that despite land belonging to Shiv Mohan

Jha he was not saddled with any condition of depositing the

loss amount and fine to the Government.

4. The learned counsel thus submits that when

petitioner admittedly is not the owner of the land, the

condition which has been imposed is onerous. The learned

counsel appearing for the Department of Mines is not in a

position to rebut the submissions of the learned counsel for

the petitioner that Shiv Mohan Jha, who is also as accused

in the F.I.R., was granted anticipatory bail by a learned Co-

ordinate Bench after noticing that the illegally mine sand

was recovered from his ancestral land.

5. Considering the submissions made by the

learned counsel for the petitioner, the order dated Patna High Court CR. MISC. No.66193 of 2019 dt.16-10-2023

30.05.2019 passed by the learned Additional Sessions

Judge-I, Banka, wherein a condition has been imposed that

the petitioner will deposit the loss amount and fine in

accordance with law, is hereby set aside.

6. In the event if the petitioner surrender on or

before 31.10.2023, his bail bond shall be accepted on

furnishing a bail bond of Rs. 10,000/- (Rupees Ten

Thousand) of two sureties of like amount each to the

sanctification of the learned Court below as has been

recorded in the order dated 30.05.2019 in A.B.P. No. 743 of

2019.

7. The quashing application is thus allowed.

(Satyavrat Verma, J) Nilmani/-

AFR/NAFR                NAFR
CAV DATE                N.A.
Uploading Date          18.10.2023
Transmission Date       N.A.