Ashok Yadav @ Ashok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52763 of 2023 Arising Out of PS. Case No.-162 Year-2023 Thana- ROHTAS District- Rohtas ====================================================== ASHOK YADAV @ ASHOK KUMAR Son of Bhola Yadav Resident of Village-Dhelabag, P.S.-Rohtas, District-Rohtas. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Tiwari, Adv.
For the Opposite Party/s :
Mr. Shyameshwar Dayal, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-08-2023 Heard Mr. Ajay Kumar Tiwari, learned counsel appearing on behalf of the petitioner and Mr. Shyameshwar Dayal, learned A.P.P. for the State.
2. The petitioner apprehend his arrest in connection with Rohtas P.S. Case No. 162 of 2023, dated 17.06.2023, registered under Sections 379, 411, 414, 279, 336, 427, 34 of the Indian Penal Code.
3. The prosecution case, in brief, is that as per the fardbeyan of informant namely, ASI Shiv Kumar Mandal, on 17.06.2023 at about 10.36 hrs received an information that the accused Ashok Yadav and his nephew Arbind Yadav, have transported the sand illegally at Jalim Bigha, though tractor and the Sanha No. 592, dated 17.06.2023 in this regard has been lodged. It is further alleged that the informant alongwith other officials proceeded at the place of occurrence at Vill-Karma
Patna High Court CR. MISC. No.52763 of 2023(2) dt.19-08-2023 2/3 Mahajid More and found that Ashok Yadav, came toward Sone river and he was followed by a tractor loaded with sand. He further alleged when Ashok Yadav, saw the Police team he instructed the driver of the tractor to flee away and he also fled away on his motor-cycle rashly. The police team tried to overpowere the petitioner but they were managed to flee away and in that course the driver of the tractor Arbind Kumar, dash his tractor to a trolley of the tractor standing ar Navdih and the trolley of Arbind Kumar tractor got damaged. Thereafter, the police team tried to overpower the petitioner but he managed to flee away and the seizure list of the tractor bearing Engine No. 33.1008/SBL04162, Chasis No, MBNAG4BACLTL69782, without registration number was prepared and the case was registered against the accused persons.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is no concern with the Tractor nor he is involved in any manner in illegal mining. The petitioner has clean antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner. He submits that there is violation of provision of Mines and Minerals Act, 2021. However, from perusal of the F.I.R. it also
Patna High Court CR. MISC. No.52763 of 2023(2) dt.19-08-2023 3/3 appears that the petitioner was involved in illegal mining of the sand.
6. Having considered the rival submissions made by the parties that the Tractor and Trolly belongs to some other accused person, the petitioner having clean antecedent, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M., Ist Class, Dehri, Rohtas in connection with Rohtas P.S. Case No. 162 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
7. The Court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph no. 3 of the bail application, this order will automatically loose its force.
(Purnendu Singh, J) pravinkumar/- U T