Rajendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32574 of 2022 Arising Out of PS. Case No.-268 Year-2021 Thana- LAXMIPUR District- Jamui ====================================================== 1.Rajendra Yadav, aged about 45 years (male) son of Late Komal Yadav.

2. Sakindra Yadav @ Sikendra Yadava aged about 35 years (male) son of Late Banu Yadav.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Prasad For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-09-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 151, 152, 188, 332, 333, 337, 338, 353, 269, 270, 379, 411 and 34 of the Indian Penal Code.

Allegedly, one tractor loaded with sand, procured in illegal mining, was seized.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No.32574 of 2022(2) dt.15-09-2022 2/2 case. The petitioners are neither driver nor owner of the alleged tractor. He submits that tractor loaded with the sand procured by the illegal mining is said to have been recovered by the police. He submits that the petitioners had no knowledge that the said sand has been procured through illegal means. He submits that similarly situated co-accused has already been granted bail by a Bench of this Court vide order dated 24.03.2022 in Cr. Misc. No. 4351 of 2022. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Laximpur P.S. Case No. 268 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.