Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24833 of 2019 Arising Out of PS. Case No.-270 Year-2018 Thana- RAJAON District- Banka ====================================================== 1.

PRAKASH YADAV, Male, aged about 50 years, Son of Dashrath Yadav Resident of Village- Garbhukitta, P.S.- Rajoun, District- Banka. 2.

Gaurav Yadav @ Gaurav Kumar, Male, aged about 30 years, Son of Prakash Yadav Resident of Village- Garbhukitta, P.S.- Rajoun, District- Banka. 3.

Saurabh Yadav, Male, aged about 25 years, Son of Prakash Yadav Resident of Village- Garbhukitta, P.S.- Rajoun, District- Banka. 4.

Pappu Yadav, Male, aged about 35 years, Son of Babulal Yadav Resident of Village- Garbhukitta, P.S.- Rajoun, District- Banka. 5.

Rajesh Yadav, Male, aged about 45 years, Son of Dashrath Yadav Resident of Village- Garbhukitta, P.S.- Rajoun, District- Banka. 6.

Manoranjan Mandal @ Munna Sah, Male, aged about 50 years, Son of Late Murlidhar Mandal Resident of Village- Gopalpur, P.S.- Rajoun, DistrictBanka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-04-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Rajoun P.S. Case no. 270 of 2018, registered under Sections 431 and 379 of the Indian Penal Code, 4/40 B.M.M.C. Rules 1972 and 6,4,8(d) of Bihar Mineral Prevention of illegal mining Transportation and Storage Rule 2003.

Petitioners are said to have stored sand by illegal

Patna High Court CR. MISC. No.24833 of 2019(2) dt.18-04-2019 2/2 mining from Chanan river causing great loss to public coffer. It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. They have no concern with the aforesaid occurrence. Actually the sand in question are piled on the bank of river itself and none had seen the petitioners piling the aforesaid sand at the aforesaid place or doing any business. In the written report itself place of piling of the sand by the petitioners has not been mentioned. Petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, 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 C.J.M., Banka in connection with Rajoun P.S. Case No. 270 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T