Gauri Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38944 of 2014 Arising Out of PS.Case No. -124 Year- 2014 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Gauri Yadav Son of Buttu Yadav Resident of Village - Laxmipur, P.S. - Bhairoganj, District - West Champaran.

.... .... Petitioner.

Versus

1. The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kr Singh No. 1 For the Opposite Party/s : Mr. Reena Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 14-01-2015 Heard the learned counsel for the petitioner. The petitioner is in custody in connection with Bagaha (Bhairoganj) P.S.Case No. 124/2014 for the offence under Section 420/34 of the Indian Penal Code and 40 of the B.M.M. Act, 1972.

The learned counsel for the petitioner has submitted that the petitioner has not been named in the FIR nor there is any material to support the involvement of the petitioner in the illegal mining of sand. It has also been submitted that the petitioner has been apprehended on the allegation that he is the master mind of illegal mining of sand. It has however been submitted that the petitioner is not involved in any illegal mining either in past or future.

Patna High Court Cr.Misc. No.38944 of 2014 (2) dt.14-01-2015 In view of the facts and circumstances of the case and after considering the submissions, let the above named petitioner 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 Leaned Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with Bagaha (Bhairoganj) P.S.Case No.124/2014 subject to the following conditions: I.

The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court;

II.

The petitioner shall be well represented on each date in the court below and his failure to do so on two sequential dates shall entail cancellation of his bail bonds;

III.

The petitioner shall abide by the above conditions scrupulously and in case of violation of any of the conditions, the prosecution would be at liberty to move the Court for cancellation of bail.

(V. Nath, J) Nitesh/- U