Sikandar Yadav @ Sikendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44024 of 2019 Arising Out of PS. Case No.-126 Year-2019 Thana- BANKA District- Banka ====================================================== Sikandar Yadav @ Sikendra Yadav Son of Anil Yadav Resident of Village - Kola Narayanpur, P.S.- Jagdishpur, Distict- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Jha For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 379, 411, 420, 467, 468, 471, 120(B)/34 of the Indian Penal Code and Section 8 of B.M.P.I.M.T.S. Rules, 2003 and Section 40 of BMMC Rules, 1972 and Section 15 of Forest Environment Act, 1986.

As per F.I.R., the petitioner was engaged in illegal mining of sand using wrong challan in carrying the sand and thus caused loss to the revenue.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 3.3.2019 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged

Patna High Court CR. MISC. No.44024 of 2019(2) dt.17-07-2019 2/2 against the petitioner. The petitioner happens to be the khalasi of the truck. He was carrying sand. Chalan and invoice, which were produced, were fake. The petitioner, being a khalasi of the truck, had no knowledge regarding the same. Co-accused have been granted bail vide Annexure 3 to the present application. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Banka in connection with Banka P.S. case No.126 of 2019 corresponding to G.R. No.469 of 2019.

(Sudhir Singh, J) Narendra/- U T