KANHAIYA LAL JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) 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 dtd. 30/5/2019 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 Ss. 379 and 411 of the Indian Penal Code read with Sec. 8 of B.M.P.I.M.T.S. Rules 2003 (Amended 2014) and Sec. 40 of the BMMC Rules, 1972 read with Sec. 15 of the Forest Environment Protection Act, 1986, 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.

(3.) It is next submitted that petitioner is aggrieved by the part of the order dtd. 30/5/2019, 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 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 dtd. 18/8/2022 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.