Mohan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28381 of 2019 Arising Out of PS. Case No.-78 Year-2019 Thana- RAJAON District- Banka ====================================================== MOHAN YADAV Son of Ramchandra Yadav Resident of Village - Bagari, P.S.- Kharik, District - Bhagalpur.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

The Bihar Mines and Minerals Development and Regulation Department, Bihar, Patna.

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

For the Petitioner/s :

Mr. Shekhar Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-05-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Rajaun P.S. Case No. 78 of 2019, instituted for the offence under Section(s) 379, 411, 420, 467, 468, 120(A), 471, 34 of the Indian Penal Code, Sections 40(8) B.M.M.C Rule 1972, Sections 21(1), 21(i)(4) of Mines and Minerals Development and Regulation 1957, Section 8(a) of B.M.P.I.M.T. (Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage), Rule 2003 and Section 15 of Forest and Environment Act, 1986. It is alleged in the written report that tractor was found loaded with 200 CFT sand but the Challan was of 150

Patna High Court CR. MISC. No.28381 of 2019(2) dt.01-05-2019 2/2 CFT sand. Petitioner is said to be driver of aforesaid tractor. Petitioner is in custody since 24.4.2019 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Rajaun P.S. Case No. 78 of 2019, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T