Manish Yadav @ Rajiv Kumar @ Rajiv Kumar Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61570 of 2021 Arising Out of PS. Case No.-186 Year-2021 Thana- KONCH District- Gaya ====================================================== 1.

MANISH YADAV @ RAJIV KUMAR @ RAJIV KUMAR RANJAN Son of Rajendra Yadav Resident of Village - Tetarpur, P.S.- Tekari, District - Gaya.

2.

Avinash Kumar @ Avinash Yadav @ Sashi Son of Rajendra Yadav Resident of Village - Tetarpur, P.S.- Tekari, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyanka Singh For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding. The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. Heard learned counsel for the petitioners and the State through virtual mode.

The petitioners are apprehending their arrest in Konch P.S. Case No. 186 of 2021 registered under Sections 147, 148, 149, 379, 411, 323, 353 of the Indian Penal Code and Sections-

Patna High Court CR. MISC. No.61570 of 2021(2) dt.11-01-2022 2/3 4(1A)/21 & 11, 43, 56, 61 of Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019.

Allegedly, two tractors were seized which were loaded with sand excavated by illegal means. Accused persons are said to have pelted stones on the police.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. As per prosecution case, two tractors loaded with sand, alleged to be illegally excavated, were seized by the police. The local residents protested against the said act of the police. A scuffle is said to have taken place between the parties. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of

Patna High Court CR. MISC. No.61570 of 2021(2) dt.11-01-2022 3/3 covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.

Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Konch P.S. Case No. 186 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T