Rajiv Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12323 of 2021 Arising Out of PS. Case No.-9 Year-2020 Thana- JAGDISHPUR District- Bhagalpur ====================================================== RAJIV KUMAR YADAV S/o Narayan Yadav @ Shrinarayan Yadav R/o village- Ajampur, Kaneri, P.S.- Jagdishpur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sweety Sinha For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-01-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner apprehends his arrest for the offences alleged under Sections 273, 427, 379 and 411 of the Indian Penal Code and Section 40 of the B.M.M.C. Rule, 1972 and Section 6/8 of Bihar Illegal Mining Transportation Act, 2003, registered in connection with Jagdishpur P.S.Case No.09 of 2020.

As per the allegation, the present petitioner, along with co-accused Swami Sharan Das, after illegal excavation of sand, were fleeing way on the tractor which collided with an electric pole. The petitioner and co-accused Swami Sharan Das fled away from the place of occurrence. The illegal sand was recovered from that tractor.

The learned counsel for the petitioner has submitted that the petitioner is innocent and paragraph no.3 of the bail petition shows that he is a person of clean antecedents. It is further submitted that the said co-accused Swami Sharan Das has been granted anticipatory bail by a coordinate Bench of this

Patna High Court CR. MISC. No.12323 of 2021(2) dt.05-01-2022 2/2 Court under order dated 07.03.2020 in Cr. Misc. No. 17831 of 2020.

Considering the above facts and circumstances, let the petitioner above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, be released on bail 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, Bhagalpur in connection with Jagdishpur P.S.Case No. 09 of 2020, subject to the conditions as laid down under Section 438(2) Cr. P.C. Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T