Satyadeo Yadav @ Satyadeo Hajra @ Sataydeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53980 of 2021 Arising Out of PS. Case No.-208 Year-2021 Thana- JAYNAGAR District- Madhubani ====================================================== SATYADEO YADAV @ SATYADEO HAJRA @ SATAYDEO YADAV S/O LATE BATHU YADAV R/o village- Bela, P.S.- Jaynagar, DistrictMadhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest for the offences alleged under Section 379 of the Indian Penal Code, 21 Mines & Minerals (Development and Regulation) Act, 1957, 56(2) of the Bihar Minerals Concession Prevention of illegal Mining Transportation and Storage Rule, 2019 and 15 of Bihar Environment (Protection)Act, registered in connection with Jaynagar P.S.Case No. 208 of 2021.

The allegation against the petitioner is that he illegally

Patna High Court CR. MISC. No.53980 of 2021(3) dt.18-07-2022 2/3 mined out the sand without having any lease.

The learned counsel for the petitioner has submitted that the FIR itself shows that the land wherefrom the sand was removed, was raiyati land of the petitioner. Without removal of the sand, there was no possibility of cultivation over there.

Considering the fact that the petitioner has removed the sand from his own raiyati land, let the petitioner above named in the event of his arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Jaynagar P.S.Case No. 208 of 2021, subject to the conditions as laid down under Section 438(2) Cr. P.C. Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T

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