Uday Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50508 of 2025 Arising Out of PS. Case No.-303 Year-2021 Thana- RAJAON District- Banka ====================================================== Uday Yadav S/o Bhoti Yadav @ Bateshwar Yadav R/o Village- Dayalpur, P.S.- Rajoun, District- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Nandan Prasad, Advocate For the Opposite Party/s :
Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-08-2025 Heard Mr. Brij Nandan Prasad, learned counsel appearing on behalf of the petitioner and Ms. Sharda Kumari, learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in connection with Rajoun P.S. Case No. 303 of 2021 registered under Sections 147, 148, 149, 341, 342, 323, 353, 332, 186, 357, 338, 379, 504, 506 of the Indian Penal Code and MMRD Act, 1957 Rule-4(1), BMCPIMTS Rule, 2019, Rule 11, 41, 56(2) Section 15 NGT Act, 2010.
3. As per the allegation made in the FIR, the petitioner, along with other accused persons, were involved in illegal sand mining and they also assaulted the Police personnel.
Patna High Court CR. MISC. No.50508 of 2025(2) dt.11-08-2025 2/3
4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner want to avail remedy before the District Mines Officer by depositing compounding fee as assessed by the Mines Officer having jurisdiction in accordance with the provision of Section 56(2) of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019 (hereinafter referred to as "Rules, 2019).
5. Learned APP for the State has no objection.
6. Considering the nature of crime and the same is compoundable, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the 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 Chief Judicial Magistrate, Banka/successor Court in connection with Rajoun P.S. Case No. 303 of 2021, subject to furnishing of the receipt showing payment of the compounding fee which has been assessed by the Mines Officer having jurisdiction ready to deposit the entire amount but under protest subject to his objection in respect of assessment made and subject to the condition as laid down
Patna High Court CR. MISC. No.50508 of 2025(2) dt.11-08-2025 3/3 under Section 482 of the BNSS.
7. The bail application stands disposed of.
(Purnendu Singh, J) Ashishsingh/- U T