Mahendra Yadav @Mahendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25292 of 2018 Arising Out of PS. Case No. -31 Year- 2018 Thana -SILAW District- - ====================================================== Mahendra Yadav @ Mahendra Prasad, son of Late Ramjee Yadav, resident of Village- Gurudeyal Bigha, Police Station- Silao, District- Nalanda. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rabindra Prasad Singh, Advocate For the Opposite Party/s : Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-04-2018 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in connection with Silao P.S. case no. 31 of 2018 for the offence under Sections 379/353 of the Indian Penal Code, Sections 4, 5, 6 and 7 of the Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2003 and Sections 4/40 of the Bihar Minor Minerals Concessions Rules, 1972 .

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and he has no connection with the illegal sand mining. Learned counsel submits that nothing has been recovered from the conscious possession of the petitioner and as such fastening the liability of the illegal mining on the petitioner is palpably false.

Patna High Court Cr.Misc. No.25292 of 2018 (2) dt.25-04-2018 2/2 Considering the fact that the petitioner has no criminal antecedent and nothing has been recovered from the conscious possession of the petitioner, the petitioner, named above, in the event of arrest or surrender before the court below within one month from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Silao P.S. case no. 31 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Upadhyay, J) Uday/- U T