Nagendra Kumar @ Nagendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45310 of 2022 Arising Out of PS. Case No.-103 Year-2022 Thana- MANER District- Patna ====================================================== Nagendra Kumar @ Nagendra Yadav S/O Shri Ramlal Rai @ Shri Ram Lal Yadav Resident of Tata Colony Maner, P.S.- Maner District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Patanjali Rishi, Adv.

For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 30-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

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

Petitioner seeks regular bail in connection with Maner P.S. Case No. 103 of 2022 registered for the offences punishable under Sections 353, 379, 120(B), 307 of the Indian Penal Code and Rules 11, 43, 56 of the Bihar Minerals Rules, 2019 and Section 21 of the Mines and Minerals Act, 1957. As per the prosecution, the informant along with other police personnel raided the alleged place and seized a Poclain Machine (excavator) which belonged to this petitioner, who was involved in illegal mining of sand. Further it was alleged that

Patna High Court CR. MISC. No.45310 of 2022(3) dt.30-11-2022 2/3 the seized machine was crashed into a nearby pond and upon examining it appeared that 15000 sq. feet of sand had been extracted illegally which resulted in loss of revenue of Rs. 7,98,750/-.

The main submissions advanced by learned counsel Mr. Patanjali Rishi appearing for the petitioner are that the Poclain Machine mentioned in the FIR was not indulged in the alleged illegal mining operation rather the same was being used in a pond from where the said machine was found and moreover against the petitioner there is no allegation and he is simply stated to be brother of one namely Amar Yadav who was alleged to be involved in illegal sand mining. Further submission is that the petitioner has fair and clean antecedent and has been languishing in jail since 03.04.2022.

Learned APP Mr. Shyameshwar Dayal appearing for the State has opposed the bail prayer.

Having regard to the facts and circumstances of this case, considering the above submissions and also the fact that as per the FIR the petitioner has simply sent the driver of his Poclain Machine to drive or carry Poclain Machine which was allegedly used in the illegal mining operation of sand and the alleged occurrence of pushing the said Poclain Machine in a

Patna High Court CR. MISC. No.45310 of 2022(3) dt.30-11-2022 3/3 water-filled ditch is against the said driver namely Chhotu @ Rajeev Kumar in which petitioner's involvement does not appear from the FIR, in the opinion of this Court the petitioner deserves to a lenient approach of this Court. Accordingly, let the petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Maner P.S. Case No. 103 of 2022.

(Shailendra Singh, J.) annu/- U T