Naulesh Kumar @ Naulesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34643 of 2019 Arising Out of PS. Case No.-143 Year-2019 Thana- ISLAMPUR District- Nalanda ====================================================== 1.

NAULESH KUMAR @ NAULESH YADAV Son of Sahdeo Yadav Resident of Village- Nirmani Math, P.S.- Hulasganj, Dist.- Jehanabad. 2.

Sakaldeo Yadav Son of Rajendra Yadav Resident of Village- Nirmani Math, P.S.- Hulasganj, Dist.- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-05-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are languishing in custody since 11.04.2019 in a case registered for the offence punishable under Section 379 of the Indian Penal Code, Section 4 (1),(1A) of the Mines and Minerals (Development and Regulation) Act and Rules 3/4/16/40 of the Bihar Minor Mineral Concession Rules, 1972.

It is alleged that the petitioners were transporting the sand mines loaded on tractors without having any valid challan.

It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.34643 of 2019(2) dt.28-05-2019 2/2 that the seizure lists do not bear the signature of the petitioners. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP for the State submits that the petitioners were carrying the tractors loaded with illegal sand mines due to which huge loss to the state exchequer is caused. Considering the nature of accusation coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, Hilsa, Nalanda in connection with Islampur P.S. Case No. 143 of 2019.

(Dinesh Kumar Singh, J) Ashwini/- U T