Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15664 of 2020 Arising Out of PS. Case No.-28 Year-2020 Thana- KASIMBAZAR District- Munger ====================================================== SHANKAR YADAV Son of Late Bhikho Yadav Resident of VillageHerudiyara, P.S.- Kasim Bazar, District- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deep Nishi For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 379, 411, 413, 34 of the Indian Penal Code, 56 of Bihar Minerals (Confession, Prevention of illegal Mining, Transportation & Storage ) Rule, 2019 and 21 of MMDR Act 1957.

Prosecution allegation, in short, is that at the place of occurrence, illegal sale of sand of going on and the police seized truck and boat involved in the same.

Patna High Court CR. MISC. No.15664 of 2020(2) dt.14-07-2020 2/3 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. From perusal of the content of the F.I.R. itself, it would appear that no allegation has been made in respect to the petitioner. The petitioner had no knowledge regarding the alleged incident nor he has got concern with the alleged occurrence. Though the petitioner has been named in the accused column but there is no allegation in the content of the F.I.R regarding the implication of the petitioner. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, in the event of arrest or surrender before the learned Court below within a period of eight six weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Kasim Bazar P.S. Case No. 28 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.15664 of 2020(2) dt.14-07-2020 3/3 two sureties of the like amount each within a period of seven weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T