Mrityunjay Kumar Yadav @ Mrityunjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50068 of 2023 Arising Out of PS. Case No.-721 Year-2022 Thana- DAUDNAGAR District- Aurangabad ====================================================== MRITYUNJAY KUMAR YADAV @ MRITYUNJAY KUMAR SON OF SURESH YADAV RESIDENT OF VILLAGE- MAGAR MEDHIYA, PSHASPURA, DIST- AURANGABAD (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aman Vishal For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-08-2023

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner apprehends his arrest in connection with Daudnagar P.S. Case No. 721 of 2022, registered for the offences punishable under Sections 379, 304, 337, 338, 411 of the Indian Penal Code and Section 4, 21 of the Mines and Minerals (Development and Regulation) Act, 1957 and Sections 11, 18 of Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019 and Section 56 of Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Amendment Rules, 2021.

3. As per allegation, the petitioner drove the tractor loaded with sand rashly and negligently, due to which, the two sons of the informant namely Rakesh Kumar and Bittu Kumar

Patna High Court CR. MISC. No.50068 of 2023(2) dt.16-08-2023 2/2 got injured. Rakesh Kumar died on the spot and Bittu Kumar was sent to Daudnagar for treatment.

4. The learned counsel for the petitioner has submitted that petitioners are innocent and have falsely been implicated in this case. He is a person of clean antecedent. He is not the owner of the said tractor.

5. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad(Bihar) in connection with Daudnagar P.S. Case No. 721 of 2022, subject to the conditions as laid down under Section 438(2) Cr.P.C.

6. The petitioner shall remain present physically before the learned court below on each and every date till framing of the charges.

(Nawneet Kumar Pandey, J) Kundan/Nirmal U T