Ajay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47409 of 2022 Arising Out of PS. Case No.-184 Year-2019 Thana- SURYAGARHA District- Lakhisarai ====================================================== AJAY YADAV SON OF TUKAN YADAV R/O VILLAGECHANDANPURA, P.S.- SURAJGARAHA, DISTRICT- LAKHISARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-12-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Section 307 & other allied sections of the Indian Penal Code, Section 4/40 of the Bihar Mineral Minor Concession Rules, 1972, Sections 4/6/8 of Bihar Control of Prevention of Illegal Mining Transportation and Storage Act and Section 15 of the Environment (Protection) Act, 1986.

As per the prosecution case, while the informant was on patrolling duty, he got an information that illegal extracted stones/sand were being loaded, he alongwith other police party proceeded towards the place of occurrence and found that 15-16 tractors and its trailers were coming towards NH-80 after loading sand illegally extracted from Kiul's river. It is further alleged that all the F.I.R. named accused persons including this petitioner created hindrance in checking the vehicles.

Patna High Court CR. MISC. No.47409 of 2022(2) dt.08-12-2022 2/2 It is submitted on behalf of petitioner that petitioner has been made accused in this case only on suspicion because petitioner is owner of one of the tractor, which was standing at spot. It is further submitted that tractor of the petitioner is not involved in the illegal mining of the sand. Petitioner has got clean antecedent.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named 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 learned C.J.M., Lakhisarai in connection with G.R. No. 1257 of 2019, arising out of Surajgaraha P.S. Case No. 184 of 2019, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T