Subodh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2250 of 2022 Arising Out of PS. Case No.-100 Year-2021 Thana- RAJAON District- Banka ====================================================== SUBODH YADAV Son of Late Ajab Lal Yadav @ Ujjoyadav Resident of Village- Saino, P.S.- Jagdishpur, District- Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Davendra Kumar Pandey For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-07-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 379/411 of the Indian Penal Code, Section 11, 41, 56(2) of the Bihar Minerals Rules, 2019, Section 4(1) of MMDR Act and Section 15 of NGT Act. As per the prosecution case, on 15.03.2021 during the course of inspection the informant intercepted two tractors carrying sand and on chase co-accused, Chhotan Rai, one of the drivers of the tractor, was apprehended who disclosed the name of this petitioner as the person who is responsible for illegal mining and transportation of sand.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. Petitioner is neither driver nor owner of the vehicle in

Patna High Court CR. MISC. No.2250 of 2022(2) dt.25-07-2022 2/2 question. Petitioner has nothing to do with the alleged recovery of sand. Petitioner has got clean antecedent. Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in connection with Rajoun PS case No. 100/ 2021, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T