Mukesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9098 of 2025 Arising Out of PS. Case No.-602 Year-2024 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Mukesh Kumar Yadav Son of Vishwanath Ray Resident of Village - Andharbari, P.S. - Taraiya, District - Saran , at Present R/o Mubarkpur, P. S - Garakha , District -Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hemant Kumar, Advocate.

For the Opposite Party/s :

Mr.Bharat Lal, APP.

For Mines Department :

Ms. Kalpana, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-05-2025 Heard Mr. Hemant Kumar, learned counsel appearing on behalf of the petitioner and Mr. Bharat Lal, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Muffasil P.S. Case No. 602 of 2024 registered for the offence punishable under Sections 132, 303 (2) and 3(5) of the BNS, 2023.

3. As per the allegation made in the F.I.R., the petitioner is said to have fled away along with the tractor bearing Engine No. 529726444436 and Chassis No. 929815216349 and 125 CFT yellow sand loaded on it.

4. Ms. Kalpana, learned counsel appearing on behalf of the Mines Department submits that the offence is compoundable and the petitioner can be released on pre-arrest bail subject to payment of the compounding fee in accordance

Patna High Court CR. MISC. No.9098 of 2025(3) dt.12-05-2025 2/2 with the provision of Section 56(2) of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019 (hereinafter referred to as "Rules, 2019).

5. Learned counsel appearing on behalf of the petitioner has no objection and he seeks to avail remedy before the District Mines Officer in accordance with the Rules, 2019.

6. Considering the nature of crime and the same is compoundable, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Saran at Chapra in connection with Muffasil P.S. Case No. 602 of 2024, subject to furnishing of the receipt showing payment of the compounding fee which has been assessed by the Mines Officer having jurisdiction and subject to the condition as laid down under Section 482(2) of the Cr.P.C.

7. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U