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Patna High CourtCR. MISC./9871/2025disposed

Lalu Yadav @ Lallu Kumar @ Lalu Kumar v. The State Of Bihar

2025-05-12Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9871 of 2025 Arising Out of PS. Case No.-122 Year-2021 Thana- BELAGANJ District- Gaya ====================================================== 1.

Lalu Yadav @ Lallu Kumar @ Lalu Kumar S/o Naresh Yadav R/o Vill.- Telbigha, P.S.- Belaganj, Dist.- Gaya 2.

Mahadev Yadav @ Mahadev Kumar S/o Ram Pravesh Yadav R/o Vill.- Telbigha, P.S.- Belaganj, Dist.- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Ass. Director Mines, Gaya, Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajit Kumar Singh, Advocate.

For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-05-2025 Heard Mr. Ajit Kumar Singh, learned counsel appearing on behalf of the petitioners and Mr. Ram Bilash Roy Raman, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Belaganj P.S. Case No. 122 of 2021 registered for the offence punishable under Sections 378, 379, 411, 34 of the Indian Penal Code read with Section 21 of Mines and Minerals (Development and Regulation) Act, 1957, Rule 56(1) of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019.

3. As per the allegation made in the F.I.R., petitioners are said to be involved in illegal storage of approx. 41855 CFT sand.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.9871 of 2025(4) dt.12-05-2025 2/2 petitioners submits that the petitioners want to avail remedy before the District Mines Officer by depositing compounding fee as assessed by the Mines Officer having jurisdiction in accordance 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 APP for the State has no objection.

6. Considering the nature of crime and the same is compoundable, the petitioners, above named, are directed to be released on pre-arrest bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned ACJM-II, Gaya in connection with Belaganj P.S. Case No. 122 of 2021, 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 T