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Patna High CourtCR. MISC./28880/2018bail granted

Abhay Yadav v. The State Of Bihar

2018-05-09Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28880 of 2018 Arising Out of PS. Case No.-22 Year-2018 Thana- DEO District- Aurangabad ====================================================== Abhay Yadav S/o Ram Swaroop Yadav Resident of Hasauli Tola, Raval Bigha, P.S. Aurangabad(T), District- Aurangabad. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Mr. Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-05-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Deo P.S. Case no. 22 of 2018, registered under Sections 379 and 411 of the Indian Penal Code and Section 40 Bihar Minor Mineral Concession Rule, 1972.

The accusation is of loading of illegally extracted sand on the tractor of the petitioner.

Learned counsel for the petitioner submits that, in fact, the loaded material on the tractor of the petitioner was not sand rather the same was soil for filling of the house, but tractor of the petitioner was seized, illegally, by the informant being the officials of mining department. Further submission is that petitioner is the owner of the seized tractor and he has no

Patna High Court Cr.Misc. No.28880 of 2018(2) dt.09-05-2018 2/2 criminal antecedent.

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 four 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 Chief Judicial Magistrate, Aurangabad in connection with Deo P.S. Case No. 22 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T