Girish Yadav And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.74030 of 2018 Arising Out of PS. Case No.-205 Year-2018 Thana- RAJAON District- Banka ======================================================
1. Girish Yadav S/o Yadu Yadav
2. Nilesh Yadav S/o Pankaj Yadav
3. Brahmdeo Yadav@ Brahamdeo Yadav, S/o Late Narsing Yadav All Resident of Village Sikanpur, P.S. Rajoun, Distt. Banka. ... ... Petitioners
Versus
1. The State of Bihar.
2. The Assistant Director, Mines and Geology Department, Banka. ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Mukherjee For the Opposite Party/s :
Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-12-2018 Learned counsel for the petitioners submits that petitioner no.1, Girish Yadav has already been arrested and accordingly, he may be permitted to withdraw the anticipatory bail petition of Girish Yadav.
Prayer is allowed.
The anticipatory bail application on behalf of petitioner no.1, Girish Yadav is dismissed as withdrawn. Heard both sides.
Petitioners apprehend their arrest in Rajoun P.S. Case No.205 of 2018, registered under Sections 431 and 379 of the Indian Penal Code, under Sections 4/40 of the BMMC Rule, 1972 as well as under Sections 6(4) and 8(d) of Bihar Minerals
Patna High Court Cr.Misc. No.74030 of 2018(2) dt.19-12-2018 2/2 (Prevention of Illegal Mining, Transportation & Storage) Rule, 2003.
The informant alleged that the petitioners and others have illegally stored sand.
Learned counsel for the petitioners submits that there is nothing on record to show that the petitioners have stored any sand for the purpose of illegal selling. The informant did not disclose the place where the sand was stored. Considering the facts and nature of allegation made against the petitioners, let petitioners no.2 and 3, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of this order 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 CJM, Banka in connection with Rajoun P.S. Case No.205 of 2018, subject to the conditions laid down under Section 438(2) Cr. P.C.
(Prabhat Kumar Jha, J) S.KUMAR/- U T