Shiv Pujan Yadav v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.8831 of 2018 (2) dt.17-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8831 of 2018 Arising Out of PS.Case No. -351 Year- 2017 Thana -GHOSI District- JEHANABAD ====================================================== Shiv Pujan Yadav, S/o Sakaldeo Yadav, R/o Village- Audan Bigha, P.S.- Makhdumpur, (Now P.S.- Barabar Paryatan, Vishunganj O.P.), DistrictJehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Competent Officer, District- Minig Office, Jehanabad. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar For the Opposite Party/s : Mr. Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Ghosi P.S. Case No. 351 of 2017 registered under Sections 420, 379, 411, 147, 149, 337, 353 and 307 of the Indian Penal Code, Sections 40 and 26 of the Bihar Minor Mineral Concession Rule 1972 and Section 2, 3 and 4 of the Bihar Illegal Mining Transportation Shortage Act, 2003.

On receiving the information about illegal mining of sand, the informant and other police officials reached at Parawan Sand Ghat, where four tractors attached with trailer, one tractor without trailer and two motorcycles were seized. While the

Patna High Court Cr.Misc. No.8831 of 2018 (2) dt.17-02-2018 persons indulging in illegal mining succeeded to flee away. Learned counsel for the petitioner submits that petitioner had gone to his land and parked his motorcycle near the river bank, but in the meantime, police reached there and seized his motorcycle along with other vehicles rather he has no concerned about the illegal mining of sand. It is further submitted that while the petitioner is accused in Makhdumpur P.S. Case No. 38 of 2012, but on investigation, the police submitted the final form against him.

Having regard to the facts and circumstances of the case, let the above named petitioner 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, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Jehanabad, in connection with Ghosi P.S. Case No. 351 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T