Ravindra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39793 of 2022 Arising Out of PS. Case No.-477 Year-2020 Thana- JAMUI District- Jamui ====================================================== 1.

RAVINDRA YADAV S/O MAHENDRA YADAV Resdient of villageManjhwe, P.S.and District- Jamui. 2.

PINTU YADAV S/O SRI KISHUN YADAV Resdient of village- Manjhwe, P.S.and District- Jamui.

3.

HARERAM MANDAL S/O NARAYAN MANDAL Resdient of villageManjhwe, P.S.and District- Jamui. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Sinha For the Opposite Party/s :

Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2022 Heard learned counsel for the petitioners as well as learned APP for the State.

Learned counsel for the petitioners is directed to remove the defects within four weeks.

The petitioners apprehend their arrest in a case registered for the offence punishable under section 147, 379, 411, 427, 188, 353, 271(H), 504, 506 of IPC and 11(1), 39(i), 43, 56(i) of Mining Act.

Allegedly, the petitioners are involved in illegal trade of sand.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.39793 of 2022(3) dt.29-11-2022 2/3 petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. The petitioners were not present at the place of occurrence nor the alleged truck and loaded sands are of the petitioners. He further submits that some of the coaccused persons have already been granted anticipatory bail by the learned court below itself. Petitioner no. 1 and 2 have four criminal antecedent and petitioner no.3 have one criminal antecedent, as also mentioned in para-3 of the bail application. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is general and omnibus allegation against the petitioners, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, 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

Patna High Court CR. MISC. No.39793 of 2022(3) dt.29-11-2022 3/3 Court in Jamui P.S. Case No.477 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T