Pankaj Yadav @ Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9385 of 2024 Arising Out of PS. Case No.-710 Year-2023 Thana- BELAGANJ District- Gaya ====================================================== Pankaj Yadav @ Pankaj Kumar Son of Nandan Yadav @ Madan Kumar Albela R/o vill - Dalelchak, P.S. - Belaganj, Distt. - Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Additional Chief Secretary cum-Principal Secretary, Mines and Geology, Bihar, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Priya Ranjan For the Opposite Party/s :

Mr. Umanath Mishra For Mines : Mr. Naresh :

Mr. Brij Bihari Tiwari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 379, 411 of the Indian Penal Code and Section 21of the Mines and Minerals Development and Regulation Act and Rules 56 of the Bihar Mineral Rules.

3. As per FIR, it is alleged that the petitioner and coaccused persons were indulged in hoarding/storing of illegal trading of sand.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.9385 of 2024(2) dt.20-02-2024 2/2 committed no offence. He has falsely been implicated in this present case merely on the basis criminal antecedent. The petitioner has no concern with the alleged occurrence rather he has been dragged in this case only on the basis of discloser made by villagers, which is not admissible in the eye of law. The recovered sand and place of recovery does not belong to the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 16.11.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be released on bail in connection with Belaganj P.S. Case No. 710 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya.

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