Upendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20287 of 2022 Arising Out of PS. Case No.-79 Year-2021 Thana- BHEJA District- Madhubani ====================================================== Upendra Yadav Son of Late Bucchi Yadav Resident of Village - Lalwarahi, P.S. - Bheja, District - Madhubani.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Kumari Shubham, Advocate.

For the Opposite Party/s :

Mr.Shyameshwar Dayal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

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

Petitioner seeks regular bail in connection with Bheja P.S. Case No. 79 of 2021 registered for the offences under Sections 379 and 414 of the Indian Penal Code and Section 56(1) of Bihar Minerals (Concession, Prevention of illegal Mining, Transportation and Storage) Rules 2019. As per allegation the petitioner's tractor was being used in the transportation of illegally mined sand and on the alleged date and time of occurrence on stopping by the police party, the driver of the tractor tried to flee but he was apprehended by the police with the said tractor loaded with

Patna High Court CR. MISC. No.20287 of 2022(2) dt.19-07-2022 2/2 sand.

The main submissions advanced by learned counsel for the petitioner are that at the time of seizure of the tractor the petitioner was not present and he is owner of said tractor but he was not involve in the alleged activity which was being carried out with the help of petitioner's tractor and he has been languishing in jail since 14.02.2022.

Learned APP appearing for the State has opposed the bail prayer.

In view of above submissions and considering the fact that the petitioner is stated to be owner of the tractor which was allegedly used in the transportation of the illegally mined sand, in my view a lenient approach can be taken in respect of petitioner's prayer let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in Connection with Bheja P.S. Case No. 79 of 2021. (Shailendra Singh, J) sangam/- U T