Mritunjay Yadav @ Mrityunjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24120 of 2021 Arising Out of PS. Case No.-617 Year-2020 Thana- BANKA District- Banka ====================================================== MRITUNJAY YADAV @ MRITYUNJAY YADAV S/O BINDESHWARI YADAV @ SHIKARI YADAV R/o village- Laskari, P.S. and District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.A.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Banka P.S. Case no. 617 of 2020 instituted for the offence under Section 21 of MMDR Act, Section 56 of Concession & Prevention of illegal Mining Transportation and Storage and Section 15 of Environment Protection Act.

As per allegation in the FIR, petitioner is involved in illegal lifting and storage of sand and recovery of 7000 CFT

Patna High Court CR. MISC. No.24120 of 2021(2) dt.13-01-2022 2/2 sand has been made without any supportive document. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has falsely been implicated in this case. He is simply a labour and his work is only to load and unload the sand. Petitioner has no coneren with the alleged tractor or transportation of sand. Learned APP appearing for the State has opposed the prayer of Bail and submitted that petitioner is a habitual offender.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Banka P.S. Case no. 617 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Banka subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U