Manorma Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11553 of 2022 Arising Out of PS. Case No.-1003 Year-2021 Thana- MADHEPURA District- Madhepura ====================================================== 1.

Manorma Devi Wife Of Brahmdeo Yadav R/O Village- Malia, P.S. And District- Madhepura 2.

Bishnudeo Yadav Son Of Late Haridey Narayan Yadav R/O Village- Malia, P.S. And District- Madhepura 3.

Brahmdeo Yadav Son Of Late Haridey Narayan Yadav R/O Village- Malia, P.S. And District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bidhanesh Misra For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-08-2022 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in Madhepura P.S. Case No. 1003 of 2021, registered for the offences punishable under Section 379 of the Indian Penal Code and section 54 of the Bihar Minerals (Prevention of Illegal Mining Ingress Protection and Storage Amendment) Rule, 2021. As per the prosecution case, two tractors loaded with sand and one JCB were seized and petitioners are owners of seized vehicles.

It is submitted that petitioners have been made

Patna High Court CR. MISC. No.11553 of 2022(2) dt.11-08-2022 2/2 accused in this case only because they are owners of the seized vehicles in question. They have got nothing to do with the alleged recovery and the vehicles were seized without any sand. Petitioners have got clean antecedents.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No. 1003 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T