Pintu Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.54830 of 2017 (2) dt.20-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54830 of 2017 Arising Out of PS.Case No. -66 Year- 2017 Thana -KARAI PARSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Pintu Yadav, Son of Baleshwar Yadav, Resident of Gwal Bigha, P.S. Karai Parsurai, District- Nalanda.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Niranjan Parihar For the Opposite Party/s : Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Karai Parsurai P.S. Case No. 66 of 2017, registered under Sections 307, 353 and 414 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that, on receiving secret information about lifting of illegal sand from Karadua river, the informant being the Officer-in-Charge of Karai Parsurai, reached there and found that sand was loaded at the tractor. On seeing the police force, all started to flee away, but Dhananjay Kumar was apprehended, who disclosed the name of six persons including the

Patna High Court Cr.Misc. No.54830 of 2017 (2) dt.20-11-2017 petitioner indulging in the illegal mining of sand. Learned counsel for the petitioner submits that petitioner was not apprehended at the spot rather his name along with six others has been disclosed by co-accused, Dhananjay Kumar, showing their hands in the illegal mining of sand. It is further submitted that similarly situated co-accused, Shiv Kumar Yadav and Mahesh Yadav, have already been granted privilege of Anticipatory bail by this Court vide order dated 10.08.2017 passed in Criminal Misc. No. 36959 of 2017.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate- XIV, Nalanda at Biharsharif, in connection with Karai Parsurai P.S. Case No. 66 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