Satyendra Yadav @ Satyendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43120 of 2024 Arising Out of PS. Case No.-83 Year-2024 Thana- RAFIGANJ District- Aurangabad ====================================================== Satyendra Yadav @ Satyendra Singh S/O Rambilash Yadav R/O VillageAnjanawa, P.S- Madanpur, Distt.- Aurangabad (BIHAR). ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aman Vishal, Adv For the Opposite Party/s :
Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner apprehend his arrest in connection with Rafiganj P.S.Case No. 83 of 2024 dated 13.03.2024 instituted for the offence punishable under Sections 379 of the Indian Penal Code and Section 4(1A),21 of Mines and Mineral Act 1957 and Sections 11,18, 34,38 of Bihar Minerals Rules 2019.
3. As per the prosecution case, the informant inspected the premises of M/S Usha Bricks Kiln runs in the name of Satyendra Singh, the munshi of the owner of aforesaid bricks klins, did not produce any document regarding the aforesaid M/S Usha Bricks Kilns. The petitioner was also not produce any document and he was illegally run the bricks kilns
Patna High Court CR. MISC. No.43120 of 2024(2) dt.10-07-2024 2/3 without no objection certificate.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation against the petitioner is that when inspection was conducted as M/s Usha Brick Kilns, no relevant documents were produced. It is alleged that the said Bricks Kilns is being operated without relevant documents in violation of law and pending government tax for the year 2022-2023 and for which the certificate case bearing case no. 32/2023-24 has also been initiated against the accused petitioner which is mentioned in the impugned order. Since then petitioner has not been operated the said brick kilns. It is submitted that no incriminating articles has been recovered from the place of occurrence. The petitioner has clean antecedent.
5. Learned A.P.P for the State has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of the learned counsel for the parties, in the event of arrest/ surrender of the petitioner within a period of six weeks from today, in connection with Rafiganj P.S.Case No. 83 of 2024 he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- ( ten thousand) each with
Patna High Court CR. MISC. No.43120 of 2024(2) dt.10-07-2024 3/3 two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate,-IV, Aurangabad, Bihar or appropriate Court Below, subject to condition as laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Khatim Reza, J) N.K/- U T