Bijendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3943 of 2022 Arising Out of PS. Case No.-84 Year-2021 Thana- SANDESH District- Bhojpur ====================================================== Bijendra Yadav Son Of Sri Satyanarayan Yadav R/O Village- Nasaratpur, P.S.- Sandesh, District- Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajendra Narayan Singh, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 506, 384, 385, 379, 420, 353 and 188 of the Indian Penal Code, Rule 11 and 56(i) of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation and Storage) Rule, 2019 and Section 15 of the Environmental Protection Act, 1986.

It is a case illegal mining and transporting of sand on the instruction of this petitioner at Nasarathpur and Narayanpur and three tractors loaded with sand without challan, seized and out of three, one driver arrested and all three tractors loaded with 200 CFT sand.

Patna High Court CR. MISC. No.3943 of 2022(2) dt.15-06-2022 2/2 It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that petitioner is nowhere connected with four sand loaded tractors, seized by the raiding party which led by the informant along with armed police force and Sap Jawans. He further submits that petitioner is neither the owner of the tractors nor at his instruction of illegal extraction of sand was done, as alleged in the FIR.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Ara in connection with Sandesh P.S. Case No. 84 of 2021 (G.R. No.2263 of 2021), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T