Vijay Yadav @ Vijay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53081 of 2015 Arising Out of PS.Case No. -276 Year- 2014 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ====================================================== Vijay Yadav @ Vijay Kumar Singh S/o Deen Bandhu Singh, resident of Village- Bilat Bigha, P.S.- Barun, District- Aurangabad (Bihar). .... .... Petitioner

Versus

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

For the Petitioner : Mr. Krishna Prasad Singh, Sr. Advocate For the Opposite Party : Mr. Rajendra Pd.Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-03-2016 Heard learned counsel for the petitioner, learned counsel for the Mines Department and learned counsel for the State. The petitioner is apprehending his arrest in connection with Dehri (Dalmiyanagar) P.S. Case No. 276 of 2014 for the offences instituted under Sections 379 and 120(B) of the Indian Penal Code and Section 40 of the Bihar Mining Act. As per the prosecution case that the informant is the Manager of Bradson Compoidg Pvt. Ltd. and had contacted for digging sand from Sone River for the period of 07.04.2014 to 03.12.2014. On 19.07.2014 he informed that a Railway Rack is laying besides the Sone River and sand is going to be loaded illegally on that rack. He informed the Superior Officer and

Railway Police who recovered ten bogies full with illegal sand. This petitioner was contractor and he put his company in heavy loss.

It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. There is no substantive material to show the implication of the petitioner in the present case. It is further submitted that the petitioner is ready to deposit an amount of Rs.50,000/- in the court below which shall be subject to the final disposal of the case. On behalf of the State and counsel for the Mines Department, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs.50,000/- in the court below which shall be subject to the final disposal of the case and on doing so, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Dehri (Dalmiyanagar) P.S. Case No. 276 of 2014 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Dehri, District-Rohtas, subject to the conditions as laid

down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) B.Kr./- U T