Dablu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27304 of 2020 Arising Out of PS. Case No.-935 Year-2019 Thana- BANKA District- Banka ====================================================== 1.

Dablu Yadav S/o Prayag Yadav Resident of Village-Majlispur, Police Station-Banka, District-Banka.

2.

Dharmendra Kumar S/o Chandeshwari Yadav Resident of VillageManjhiyara, Police Station-Banka, District-Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Director, Department of Mines and Minerals, Bihar, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar, Advocate For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 5.

19-01-2021 Heard learned counsel for petitioners and learned A.P.P. for the State. No one appeared on behalf of O.P.No.2/Deptt. of Mines and Minerals, Bihar, Patna. The petitioners apprehend their arrest in Banka P.S. Case No. 935 of 2019 registered for the offence under Sections 379, 411 of the Indian Penal Code, 4/40 of BMMC Rules, 1972, 8 of BMPTMS Rule amended 2015 and Section 15 of Environmental Protection Act, 1986.

As per the prosecution case, these petitioners are owner and driver of a seized Hyva vehicle, in which, 500 cft. sand was loaded without any valid challan causing revenue loss. It is submitted on behalf of petitioners that petitioners are ready to furnish alleged revenue loss caused to the Government, as and when, it is pointed out by the revenue officials. It is stated in paragraph - 3 of the petition that

Patna High Court CR. MISC. No.27304 of 2020(5) dt.19-01-2021 2/2 petitioners have no criminal antecedent.

Considering the aforesaid facts and circumstances, the bail application of petitioners is allowed. In the event of their arrest or surrender within a period of eight weeks from the date receipt/production of copy of this order, let the above-named petitioners be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No. 935 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J.) anay/- U T