Ravi Shankar Kumar Yadav @ Ravi Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26324 of 2022 Arising Out of PS. Case No.-218 Year-2021 Thana- BELAGANJ District- Gaya ====================================================== Ravi Shankar Kumar Yadav @ Ravi Shankar Yadav, Son Of Siyaram Yadav Resident Of Village - Kurisaray, Samaspur, P.S.- Belaganj, Distt.- Gaya. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh For the Opposite Party/s :

Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 379, 411, 34 of the Indian Penal Code and Section 21 of the MM(DR) Act and BM(CPIMTS) Rule-19 and BM (EIMT & PS) Amendment Rule, 21.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that a raid was conducted at Bela and a huge quantity of sand was found stored on the land of Kaiful Mian, Bhajan Mina, Churaman Yadav and Ranjit Yadav. Further, spy reveals that the accused persons including the petitioner were involved in illegal mining of sand.

Patna High Court CR. MISC. No.26324 of 2022(2) dt.29-09-2022 2/3 The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is next submitted that it is very easy to implicate an innocent person based on the allegation that his name was disclosed by the spy when admittedly the petitioner is a person with clean antecedent. It is also submitted that from perusal of the allegation as alleged in the F.I.R., it transpires that sand was found on the land of named accused persons and the petitioner along with other accused persons came to be implicated based on an information which is alleged to have been given by the spy which does not inspire confidence.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Belaganj P. S. Case No.218 of 2021, subject to the conditions laid down under

Patna High Court CR. MISC. No.26324 of 2022(2) dt.29-09-2022 3/3 Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T