Rajeev Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2007 of 2019 Arising Out of PS. Case No.-3 Year-2018 Thana- SURYAGARHA District- Lakhisarai ====================================================== Rajeev Yadav, aged about 25 years, son of Chatrapati Yadav, r/o- village Khemtarni Sthan Tola, P.S.- Surajgarha, District- Lakhisarai. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar For the Respondent/s :

Mr.Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 342, 323, 332, 353, 506, 379/34 of the Indian Penal Code and 4/40 of BMMC Act and 4, 6 and 8 of Bihar Control and Protection of Illegal Mining Transportation and Storage Prohibition Rules.

The prosecution case, in short, is that the accused persons were involved in illegal trading of sand. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner has been made accused due to mistake of fact. The petitioner is alleged to be owner of the

Patna High Court Cr.Misc. No.2007 of 2019(2) dt.15-01-2019 2/2 tractor. The said tractor is run as public carrier by the driver of the petitioner. The petitioner had no knowledge regarding the alleged incident.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Surajgarha P.S. Case No. 03/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T