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Patna High CourtCR. MISC./67572/2018allowed

Raju Yadav And ANR v. The State Of Bihar

2018-12-06Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67572 of 2018 Arising Out of PS. Case No.-77 Year-2018 Thana- KADIRGANJ District- Patna ======================================================

1. Raju Yadav Son of Bindeshwar Yadav Resident of Daulatpur.

2. Amerika Yadav son of Bacchu Gope Resident of Dular Bigha, Both Police Station- Kadirganj, District- Patna. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Gajanan Mishra For the Opposite Party/s :

Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-12-2018 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Kadirganj P.S. Case No. 77 of 2018 registered for the offences punishable under Sections 379, 411/34 of the Indian Penal Code, Section 4/40 of Bihar Minor Mineral Concession Rules, 1972 and Rule 3, 6 of Bihar Mineral Prevention of Illegal Mining Transportation and Storage Rule, 2003. The first information report reflects that name of petitioners came in this case on the basis of disclosure made by local people and admittedly, the land on which the sand was found stored does not belong to the petitioners. Moreover, para 3 of the petition goes to show that petitioners do not have any

Patna High Court Cr.Misc. No.67572 of 2018(2) dt.06-12-2018 2/2 criminal antecedent.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Masaurhi, Patna in Kadirganj P.S. Case No. 77 of 2018, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) shahzad/- U T