Dinesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30039 of 2019 Arising Out of PS. Case No.-22 Year-2019 Thana- RAJAON District- Banka ====================================================== DINESH YADAV aged about 60 years, male, Son of Basant Yadav Resident of Village-Majhouni, P.S-Rajoun, District-Banka. ... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Principal Secretary Cum Commissioner, Department of Mines and Geology Govt. of Bihar, Patna. Patna.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Dhirendra Kumar, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 411, 420, 467, 468, 471, 120B of the Indian Penal Code, Section 4/40 B.M.M.C. Rule 1972, Section 3/6/8(d) of Bihar Mining Illegal Transportation and Storage Prevention Act and Damage of Property Act and 15 Forest Environment Act, 1986 registered in connection with Rajoun P.S. Case No. 22 of 2019.

3. It is submitted that the petitioner has been falsely implicated merely because he happens to be the owner of the tractor from which illegal sand was recovered. The amount of fine of Rs. 14,142/- towards loss of revenue has already been

Patna High Court CR. MISC. No.30039 of 2019(2) dt.10-05-2019 2/2 paid by the petitioner vide demand draft no. 048097 dated 21.02.2019. The tractor and trailer are duly registered bearing Registration No. BR51-G0988 and BR51-G0987. The petitioner claims clean antecedents.

4. Having regard to the nature of accusations and gravity of the offence alleged, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed.

5. If the petitioner surrenders and seeks regular bail before the learned Court below the same shall be considered on its own merit in accordance with law, without being prejudiced by any observation in the present order.

(Vikash Jain, J) Ibrar//- U T